Rules and Regulations. Interim Rule

24,713 words·~112 min read·/register/2008/04/03/08-1089·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4120-01-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 62 [Docket ID FEMA-2008-0001] RIN 1660-AA58 National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers; Write-Your-Own Arrangement AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim Rule. SUMMARY: This rule amends portions of the Federal Emergency Management Agency (FEMA), Federal Insurance Administration, Financial Assistance/Subsidy Arrangement (Arrangement) between Write-Your-Own Companies (WYO Companies) and FEMA.

The rule makes technical changes intended to assist WYO Companies by recognizing each party's duties under the Arrangement and amends the way FEMA communicates changes to the Unallocated Loss Adjustment Expenses

(ULAE)compensation rate to WYO Companies. DATES: *Effective Date:* May 5, 2008. *Comment Date:* Submit comments on or before June 2, 2008. ADDRESSES: You may submit comments, identified by Docket ID FEMA-2008-0001, by one of the following methods: *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments. *E-mail:* *FEMA-RULES@dhs.gov* . Include Docket ID FEMA-2008-0001 in the subject line of the message. *Fax:* 866-466-5370. *Mail/Hand Delivery/Courier:* Rules Docket Clerk, Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street, SW., Room 835, Washington, DC 20472. *Handling of Confidential or Proprietary Information Submitted in Public Comments:* Do not submit comments that include trade secrets, confidential commercial or financial information to the public regulatory docket. Please submit such comments separately from other comments on the rulemaking. Comments containing this type of information should be appropriately marked as containing such information and submitted by mail/hand delivery/courier to the FEMA Office of Chief Counsel, 500 C Street, SW., Room 835, Washington, DC 20472. Upon receipt of such comments, FEMA will not place the comments in the public docket and will handle them in accordance with applicable safeguards and restrictions on access. FEMA will hold them in a separate file to which the public does not have access, and place a note in the public docket that FEMA has received such materials from the commenter. If FEMA receives a request to examine or copy this information, FEMA will treat it as any other request under the Freedom of Information Act

(FOIA)(5 U.S.C. 552) and FEMA's FOIA regulation on confidential commercial information found at 44 CFR 5.57. *Instructions:* All submissions received must include the agency name and Docket ID (FEMA-2008-0001). Unless the comment or material is submitted using the method provided above in “Handling of Confidential or Proprietary Information Submitted in Public Comments,” all submissions will be posted, without change, to the Federal eRulemaking Portal at *http://www.regulations.gov* , and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available on the Privacy and Use Notice link on the Administration Navigation Bar of *http://www.regulations.gov* . *Viewing Comments and Documents:* For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at *http://www.regulations.gov* and search for Docket ID FEMA-2008-0001. Submitted comments may also be inspected at Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street, SW., Room 835, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Edward L. Connor, Deputy Assistant Administrator, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472,

(202)646-3429 (Phone),

(202)646-3445 (facsimile), or *Edward.Connor@dhs.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Under the authority of sections 1304 and 1345 of the National Flood Insurance Act of 1968, Public Law 90-448, 82 Stat. 476, as amended (42 U.S.C. 4011, 4081), the Federal Emergency Management Agency

(FEMA)provides insurance protection against flood damage to homeowners, businesses, and others by means of the National Flood Insurance Program (NFIP). The sale of flood insurance is largely implemented by private insurance companies that participate in the NFIP Write-Your-Own

(WYO)program. Through the WYO program, insurance companies enter into agreements with FEMA to sell and service flood insurance policies and adjust claims after flood losses. Under the WYO program, 88 private sector property insurers issue flood insurance policies and adjust flood insurance claims under their own names based on the Financial Assistance/Subsidy Arrangement (Arrangement). The Arrangement is published at 44 CFR part 62, Appendix A and defines the duties and responsibilities of insurers that sell, service and market insurance under the WYO program. The Arrangement also identifies the responsibilities of the Government to provide financial and technical assistance to these insurers. The Arrangement is renewed yearly through written agreement between the WYO Companies and FEMA. II. Discussion of the Interim Rule In this rule, FEMA makes three changes to the Arrangement. These changes either clarify existing practices or clarify how FEMA communicates certain information to WYO Companies. 1. Insurance Agent Training Article II, section G. 3., is being added to address the WYO Companies' cooperation in helping ensure that agents writing flood insurance under the NFIP avail themselves of the training opportunities needed to meet the minimum NFIP training requirements called for in section 207 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264, 118 Stat. 733 (42 U.S.C. 4011 note) (the “BBB Act”). The new section of the Arrangement will not affect the training and education requirements, which are established by the States, but merely integrates WYO Companies into the effort to ensure agents meet those requirements. The new section commits the WYO Companies to notify their agents of the requirement to comply with State regulations regarding flood insurance agent education, notify them of flood insurance training opportunities, and assist FEMA in periodic assessment of agent training needs. Although WYO Companies are already undertaking these efforts, they are being added to the Arrangement to formalize the commitment. 2. Payment of Claims Article III, section D. 1. of the Arrangement provides that loss payments under flood insurance policies are to be made by the WYO Company from Federal funds retained in the bank account(s) established under Article II, section E., and, if such funds are depleted, from Federal funds derived by drawing against the Letter of Credit established pursuant to Article IV. WYO Companies have sought clarification as to what would occur following a large scale flooding event if there are no funds available in the National Flood Insurance Fund

(NFIF)to be drawn down through the company letter of credit. Although the seventh “Whereas” clause in Article I already states that the Federal Treasury will back all flood policy claim payments by the Company, FEMA is revising Article VII, section A. to provide additional clarification that there is no requirement that WYO Companies use their own funds to pay NFIP claims when there are no funds available in the NFIF to be drawn down through the company letter of credit. As will be discussed in more depth below, in certain heavy loss years, the potential exists for the NFIP to exhaust its authority to borrow funds from the Treasury to pay claims. In such an event, there may be a period of time during which no funds are available in the Treasury until the Congress takes action to either increase the program's borrowing authority, or appropriate funds to relieve the debt. This interim rule revises Article VII, section A. to provide that in such circumstances, the Federal Insurance Administrator will suspend the NFIP's payment of claims until funds are again available in the Treasury, and that the WYO Companies are not required to pay claims from their own funds in the event of such a suspension. 3. Unallocated Loss Adjustment Expense Schedule FEMA is revising Article III, section C.1. of the Arrangement which deals with the Unallocated Loss Adjustment Expense

(ULAE)for which WYO Companies receive reimbursement under the Arrangement. At present, the ULAE rate is an expense reimbursement of 3.3 percent of the incurred loss (except that it does not include “incurred but not reported”). The effect of this rule is to remove the ULAE compensation percentage from the Arrangement. Instead, the percentage will now be communicated by FEMA to the WYO Companies through a ULAE Schedule. As currently written, the ULAE compensation rate is one of only a few compensation rates explicitly spelled out in the Arrangement. The WYO Allocated Loss Adjustment Expense Fee Schedule (also called the Adjuster fee schedule) was at one time also in the Arrangement, but was removed because it changed frequently (61 FR 37687). Similarly, the total WYO Allowance was once contained in the Arrangement. The WYO Allowance was a combination of a 15 percent agency commission rate and an operating expense rate. Because the operating expense portion of that figure changed from year-to-year, the operating expense portion of that figure was removed (64 FR 27705). In the Fiscal Year 2007 Arrangement, the only fixed compensation rates were the agency commission rate of 15 percent, a 2 percent marketing incentive, and the 3.3 percent ULAE. Until now the ULAE has not changed. Pursuant to this rulemaking, however, the 3.3 percent fixed rate will be removed and, the ULAE compensation rate will be subject to change. Therefore, it makes sense to treat it in the same manner as the Adjuster fee schedule and the WYO Allowance by releasing it in an annual fee schedule. This will allow FEMA to adjust the rate as needed to reflect the actual expenses incurred by the WYO Companies. In the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, FEMA became aware that while the ULAE compensation percentage is equitable for most loss years, it exposes the Federal Government to an excessive amount of reimbursement in loss years that reach a catastrophic level of losses. ULAE is intended to cover those claim handling expenses that are not associated with specific claims, such as maintaining the home office claims staff and establishing and running on-site claims field offices. The 3.3 percent rate functioned equitably during most years of the NFIP, under-compensating companies moderately in light loss years, while providing slightly more compensation in heavier loss years, but averaging out to an appropriate level. However, as FEMA experienced after Hurricane Katrina, the 3.3 percent schedule greatly exceeds the companies' actual ULAE out-of-pocket expenses in catastrophic loss years. In an “average” loss year, the NFIP pays out approximately $16.8 million in ULAE ($302,775,669/18 years), while a single catastrophic event (Hurricane Katrina) resulted in over $613 million in ULAE payments. The data from 1987 to 2007 used to generate these figures is available in the public docket for this rulemaking. Generally, ULAE is expected to increase as claims payout increases. That is, ULAE expenses for the WYO Companies should be larger during heavy loss years. However, the ratio of ULAE to losses (either paid losses or incurred losses) is not constant. For example, if paid losses increase ten-fold, the increase in ULAE expenditures (the administrative expense associated with processing each claim) will not also increase ten-fold. However, under the Arrangement, the ULAE reimbursement was a set 3.3 percent of the incurred loss. In an average year, claims tend to range between $15,000 and $30,000. So, for an average $30,000 insurance claim the ULAE reimbursement of 3.3 percent would be $990 per claim. However, claims from Hurricane Katrina, averaged around $90,000, so the ULAE reimbursement of 3.3 percent jumped to $2,970 per claim. When entering the realm of certain catastrophic flooding events like Hurricane Katrina, WYO Companies could benefit somewhat from the economy of scale. To confirm this, FEMA sought data from the Institute for Business and Home Safety (IBHS), a nonprofit organization of insurers and reinsurers that conduct business in the United States or reinsure risks located in the United States. IBHS submitted a voluntary data call for unallocated loss figures related to Hurricane Katrina to the insurance companies on its flood subcommittee. FEMA received consolidated data from five of the companies. Companies A Thru E 2005 2006 2005-2006 Direct Incurred Losses $12,130,920,519 $304,991,844 $12,435,912,362 Direct ULAE Incurred $328,235,999 $(17,947,595) $310,288,405 Percentage 2.71 −5.88 2.50 The figures above reflect the amount of Direct Incurred Losses that were paid out to policyholders for flood loss. The Direct ULAE Incurred is the actual amount of cost that the WYO Companies incurred to process the claims. In 2005, the companies expended $328,235,999 which was 2.71 percent of the overall amount paid out. In contrast, in 2006, the companies actually saved $17,947,595, which is a negative 5.88 percent of the amount paid to insureds. The FY2006 cost savings was a result of efficiencies in scale resulting from the realization of the cost in FY2005. Because the losses in both years are attributed to Hurricane Katrina, FEMA has aggregated the figures which show an overall actual cost to the WYO Companies for their ULAE to be 2.5 percent of the incurred losses for a catastrophic event. This is in contrast to the 3.3 percent that the WYO Companies were actually paid under the terms of the Arrangement. FEMA has considered four primary alternatives to the fixed 3.3 percent rate: *A. Status quo.* This is an unacceptable position due to the inflated ULAE payments to the WYO Companies that occur after catastrophic events like Hurricane Katrina. * B. Straight reduction to the ULAE formula from the current 3.3 percent to a number that is more equitable for catastrophic years. * While this would solve the problem for catastrophic years, it would greatly under-compensate the WYO Companies for the great preponderance of “routine” loss years. This would cause the companies to question their continued participation in the program and could greatly impact the long-term effectiveness of the program. *C. A blend of A and B that would maintain the current ULAE schedule of 3.3 percent of incurred losses for non-catastrophic loss years, while providing a lower ULAE rate for losses in excess of a specified threshold.* While this approach has a certain appeal, as FEMA explored this option the formula quickly became very complicated as FEMA tried to adapt the formula so that it could be applied at the individual company level, taking into account the difference in what a catastrophic loss year would look like for a large company versus smaller geographically concentrated companies. It also had to be flexible enough to appropriately limit ULAE compensation for catastrophes where the loss payments span fiscal years. In short, the formula quickly grew so complicated that it would be difficult to administer. *D. Providing the ULAE reimbursement for companies to be based on a combination of a percentage of written premiums and a percentage of incurred loss.* Shifting a portion of the ULAE compensation to be based on written premium would allow the companies a more equitable vehicle to cover their fixed expenses—such as home office claims staff—that are incurred every year whether a light loss year or a catastrophic loss year. However, under such an approach the appropriate percentage of written premium would probably vary over time depending upon the policy base and the premium adequacy of the NFIP. For example, as the current discounted premium (commonly referred to as “subsidized premiums”) is addressed through aggressive rate increases, the NFIP's written premium would increase without an associated increase in the WYO Companies' fixed expenses. FEMA currently favors splitting the ULAE compensation between premium and incurred loss as described in alternative D. However, to assure that the ULAE Fee Schedule can be easily adjusted to reflect needed readjustments over time, the ULAE percentage should be removed from the Arrangement and handled similarly to the Adjuster Fee Schedule and WYO Allowance. Transmitting the ULAE rate through a Fee Schedule will align it with the method that FEMA uses to transmit most of the other rates in the Agreement to WYO Companies and will allow FEMA to revise the rate more rapidly than through the formal rulemaking process. However, FEMA will not revise the rate during the Arrangement year. Pursuant to the terms of 44 CFR 62.23(i)(3), an established loss adjustment Fee Schedule is part of the Arrangement and cannot be changed during an Arrangement year. FEMA has extended the FY2007 Arrangement until such time that the FY2008 Arrangement and Schedules are finalized. Concurrent with the release of the FY2008 Arrangement, FEMA will release the FY2008 ULAE Schedule. In the new schedule, FEMA intends to move from a fixed rate system to a formula. FEMA used the data above to generate the new ULAE formula which is expected to be 1 percent of the Written Premium plus 1.5 percent of the Incurred Loss. FEMA used data from 1985 to 2007 to compare ULAE payments under the 3.3 percent framework versus this new formula and found the difference to be negligible in routine loss years. From 1985 to 2007, excluding 2005 and 2006, the total (not annual) difference is an increase of approximately $14 million. Using data from 2005-2006, which are the catastrophic Katrina years, the difference is a total reduction of approximately $300 million. A chart depicting this data is available in the public docket for this rulemaking. Although this rulemaking is focused on the manner in which the ULAE formula is communicated to the WYO Companies, and not the actual ULAE rate itself, FEMA seeks data to use in its efforts to revise the formula, and suggestions for ways to tailor the formula to ensure that it will accurately reimburse WYO Companies for their actual loss. WYO Companies are encouraged to submit actual ULAE data during the comment period of this rule to assist FEMA in continuing to refine the formula. Comments that include trade secrets, confidential commercial or financial information should be submitted using the methods described above in the “Handling of Confidential or Proprietary Information Submitted in Public Comments” portion of the ADDRESSES caption of this preamble. III. Regulatory Requirements Administrative Procedure Act The Administrative Procedure Act (APA), 5 U.S.C. 553, and 44 CFR 1.12, provides an exception from the standard notice and comment rulemaking procedures where the agency for good cause finds the procedures for comment and response contrary to public interest. The rapid implementation of this rule is in the best interest of the public, as delay could overwhelm the NFIP should a catastrophic disaster occur. Although catastrophic loss events like Katrina are relatively infrequent events, the probability of another storm of similar magnitude remains the same for this year. Research has shown that there has been a significant increase in high-latitude cyclone frequency, with an increase in storm intensity. (“Trends in Northern Hemisphere Surface Cyclone Frequency and Intensity”, Gregory J. McCabe, Martyn P. Clark and Mark C. Serreze, American Meterological Society, June 15, 2001.) There has also been an increase of more than 30 percent in the modeled frequency of major hurricanes making landfall in the United States, which accounts for current elevated levels of hurricane activity in the Atlantic basin that are expected to persist for at least the next five years. Although experts hold different climatological perspectives on the underlying causes of elevated hurricane activity, warmer temperatures are expected to result in high activity in the Atlantic basin, leading to a greater potential for hurricanes to make landfall at higher intensities. (“Insurance Risk Models Rise with Elevated Storm Frequency, Severity” Environment News Service, April 13, 2006.) Furthermore, hurricanes are not the only cause of floods. Catastrophic flooding can occur at anytime of the year. If a catastrophic event occurs before FEMA is able to revise the ULAE figure it could cause a financial hardship to the American taxpayer as there would be a drain on the NFIP funds that would not have occurred if the change in the ULAE was in place at the time of the event. After Hurricane Katrina, the NFIP was forced to borrow $17.31 billion from the Federal Treasury. If an event were to occur, the program's debt to the Treasury would only increase. Since a catastrophic flooding event has the possibility of happening at any time, any delay in implementing this rule puts the risk of financial hardship in the realm of possibility. The program has been fortunate to have had two years in a row (2006 and 2007), in which the United States has not been hit with a large disaster; however, it is foolish to expect that such calm years will continue. Spurred by the constant threat of flood hazards, FEMA has been reviewing the NFIP to evaluate areas in which the program is inefficient. One area addressed is the ULAE rate. As discussed above, the fixed 3.3 percent ULAE rate established in the Arrangement is not aligned with the actual expenses incurred by WYO Companies in processing claims. If a catastrophic disaster or any disaster resulting in more than $3 million in losses hits before this rule goes into effect, it could overwhelm the NFIP. This rule is intended to reduce inefficiency in the NFIP and properly allocate relatively scarce resources to those in need. FEMA has not considered these changes to the Arrangement in a vacuum. In the summer of 2007 FEMA met with IBHS, a nonprofit organization of insurers and reinsurers that conduct business in the United States or reinsure risks located in the United States. Forty-three of the 88 WYO companies are members of IBHS and those 43 companies write 85 percent of the WYO policies. The purpose of that meeting was to discuss the possibility of removing the fixed ULAE rate and methods that could be used in its place to more appropriately reimburse the actual expenses incurred by WYO Companies. IBHS provided helpful ideas, many of which are discussed above in the “Discussion of the Interim Rule” section. In those discussions, IBHS did not oppose the removal of the ULAE percentage from the text of the Arrangement or the revision of the ULAE formula. FEMA believes it is contrary to the public interest to delay the benefits of this rule. In accordance with the APA, 5 U.S.C. 553(b)(B), for the reasons cited above FEMA finds that there is good cause for the interim final rule to be published without prior public comment FEMA, however, values public input to the regulatory process, and for this reason we are inviting post-effective-date comments on this interim rule. We may change this rule as a result of the comments we receive. Congressional Review of Agency Rulemaking FEMA has sent this interim final rule to the Congress and to the Government Accountability Office under the Congressional Review of Agency Rulemaking Act, 5 U.S.C. 801-808. As discussed in depth below in the Executive Order 12866 analysis, this rule is not a “major rule” within the meaning of that Act and will not result in an annual effect on the economy of $100,000,000 or more. Moreover, it will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. Nor does FEMA expect that it will have “significant adverse effects” on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises. This rule is intended to revise the Arrangement between the WYO Companies and FEMA to encourage agents writing flood insurance under the NFIP to avail themselves of the training opportunities needed to meet the minimum NFIP training requirements, to clarify that there is no requirement that WYO Companies use their own funds to pay NFIP claims when there are no funds available in the NFIF to be drawn down through the company letter of credit, and to change the method in which FEMA communicates the ULAE rate to the WYO Companies. These changes are intended to improve the Arrangement and allow FEMA to run the NFIP in a more efficient and reasonable manner. Executive Order 12866, Regulatory Planning and Review FEMA has prepared and reviewed this rule under the provisions of Executive Order 12866 (58 FR 51735, Oct. 4, 1993). This rulemaking is not a significant regulatory action under section 3(f) of Executive Order 12866; therefore, OMB has not reviewed it under that Order. As explained in this preamble, the first change to the Arrangement involves adding section G.3. to Article II. Section G.3. clarifies a WYO Company's cooperation in helping market the NFIP flood insurance policy, including ensuring that property insurance agents writing flood insurance under the NFIP avail themselves of the training opportunities needed to meet the minimum NFIP training requirements called for in section 207 of the Flood Insurance Reform Act of 2004. As insurance companies, these entities are expected to ensure that agents who provide insurance to the public understand the policies they provide. Training agents in the content of policies they provide is a necessary and typical part of marketing any insurance policy. These are efforts WYO Companies are already undertaking. Next, in Article VII of the Arrangement, FEMA revises section A. to clarify for WYO Companies that, as has always been the case, WYO Companies do not have to use company funds to pay NFIP claims when there are no funds available in the NFIF to be drawn down through the company letter of credit. In certain heavy loss years, the potential exists for the NFIF to exhaust its authority to borrow funds from the Treasury to pay claims. In such an event, there may be a period of time during which no funds are available in the Treasury until the Congress either takes action to increase the program's borrowing authority, or appropriates funds to relieve the debt. The change made to the Arrangement in this rule is consistent with past practices of the NFIP, clarifies that the practice will continue in the future, and has no monetary impact. Finally, this rule revises section C.1. of Article III, to remove explicit reference to the 3.3 percent ULAE compensation percentage in the Arrangement to allow FEMA added flexibility in adjusting the rate as needed to best align it to the actual expenses incurred by the WYO Companies. Instead, the ULAE rate will be communicated by FEMA to the WYO Companies through a Fee Schedule. The ULAE compensation rate will be communicated to the WYO Companies in the same manner that other forms of its compensation have been communicated. This rule does not change the ULAE rate, only the way it is communicated; therefore, there is no monetary effect from this rule. Regulatory Flexibility Act The Regulatory Flexibility Act (“RFA”) (5 U.S.C. 601 *et seq.* ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857) mandates that an agency conduct a RFA analysis when an agency is “required by section 553 * * * to publish general notice of proposed rulemaking for any proposed rule * * *” 5 U.S.C. 603(a). Accordingly, RFA analysis is not required when a rule is exempt from notice and comment rulemaking under 5 U.S.C. 553(b). Good cause exists under 5 U.S.C. 553(b)(B) to exempt this rule from the notice and comment requirements of 5 U.S.C. 553(b). Therefore no RFA analysis under 5 U.S.C. 603 is required for this rule. National Environmental Policy Act FEMA's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) at 44 CFR 10.8(d)(2)(ii) categorically exclude the preparation, revision, and adoption of regulations, directives, manuals, and other guidance documents related to actions that qualify for categorical exclusions. The changes made in this regulation constitute action to enforce Federal, State or local codes, standards or regulations. This rulemaking will not have a significant effect on the human environment and, therefore, neither an environmental assessment nor an environmental impact statement are required. Executive Order 13132, Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, Aug. 10, 1999), sets forth principles and criteria that agencies must adhere to in formulating and implementing policies that have federalism implications; that is, regulations that have substantial direct effects on the States, or on the distribution of power and responsibilities among the various levels of government. Federal agencies must closely examine the statutory authority supporting any action that would limit the policymaking discretion of the States, and to the extent practicable, must consult with State and local officials before implementing any such action. The changes in this rule affect the contractual relationship between FEMA and WYO Companies. Participation as a WYO Company is voluntary and does not affect State policymaking discretion. In accordance with Section 6 of Executive Order 13132, FEMA determines that this rule will not have federalism implications sufficient to warrant the preparation of a federalism impact statement. Paperwork Reduction Act of 1995 As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. This rule does not impose any new reporting or recordkeeping requirements, nor does it revise information collection requirements currently approved under the Paperwork Reduction Act of 1995. Executive Order 12988, Civil Justice Reform FEMA has reviewed this rule under Executive Order 12988, “Civil Justice Reform” (61 FR 4729, Feb. 7, 1996). This rule meets applicable standards to minimize litigation, eliminate ambiguity, and reduce burden. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies, to the extent permitted by law, to prepare a written assessment of the effects of any Federal mandate in a proposed or final agency rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Though this rule will not result in such an expenditure, FEMA does discuss the effects of this rule elsewhere in this preamble. Moreover, because this rule addresses a pre-existing Arrangement between FEMA, FIA, and WYO Companies it does not impose any additional enforceable duty beyond that already agreed to. Participation as a WYO Company is voluntary and does not affect State policymaking discretion. Accordingly, this rule does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995. Executive Order 12898, Environmental Justice Under Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, Feb. 16, 1994), FEMA incorporates environmental justice into its policies and programs. The Executive Order requires each Federal agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures that those programs, policies, and activities do not have the effect of excluding persons from participation in programs, denying persons the benefits of programs, or subjecting persons to discrimination because of race, color, or national origin. FEMA believes that no action under this rule will have a disproportionately high or adverse effect on human health or the environment. Accordingly, the requirements of Executive Order 12898 do not apply to this rule. Executive Order 13045, Protection of Children FEMA has analyzed this rule under Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or safety that might disproportionately affect children. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments FEMA has reviewed this rule under Executive Order 13175, “Consultation and Coordination With Indian Tribal Governments” (65 FR 67249, Nov. 9, 2000). This rule will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights FEMA has reviewed this rule under Executive Order 12630, “Governmental Actions and Interference With Constitutionally Protected Property Rights” (53 FR 8859, Mar. 18, 1988) as supplemented by Executive Order 13406, “Protecting the Property Rights of the American People” (71 FR 36973, June 28, 2006). This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630. List of Subjects in 44 CFR Part 62 Claims, Flood insurance, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, amend 44 CFR part 62, appendix A as follows: PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. 2. In Appendix A to part 62, amend Article II to add section G.3. to read as follows: Appendix A to Part 62—Federal Emergency Management Agency, Federal Insurance Administration, Financial Assistance/Subsidy Arrangement Article II—Undertaking of the Company G. * * * 3. The Company shall notify its agents of the requirement to comply with State regulations regarding flood insurance agent education, notify agents of flood insurance training opportunities, and assist FEMA in periodic assessment of agent training needs. 3. In Appendix A to part 62, amend Article III to revise section C.1. to read as follows: Article III—Loss Costs, Expenses, Expense Reimbursement, and Premium Refunds C. * * * 1. Unallocated loss adjustment expense shall be reimbursed to the Company pursuant to a “ULAE Schedule” coordinated with the Company and provided by the Federal Insurance Administrator. 4. In Appendix A to part 62, amend Article VII to revise section A. to read as follows: Article VII—Cash Management and Accounting A. FEMA shall make available to the Company during the entire term of this Arrangement and any continuation period required by FIA pursuant to Article V, Section C., the Letter of Credit provided for in Article IV drawn on a repository bank within the Federal Reserve System upon which the Company may draw for reimbursement of its expenses as set forth in Article IV that exceed net written premiums collected by the Company from the effective date of this Arrangement or continuation period to the date of the draw. In the event that adequate Letter of Credit funding is not available to meet current Company obligations for flood policy claim payments issued, FIA shall direct the Company to immediately suspend the issuance of loss payments until such time as adequate funds are available. The Companies are not required to pay claims from their own funds in the event of such suspension. Dated: March 28, 2008. Harvey E. Johnson Jr., Acting Deputy Administrator, Federal Emergency Management Agency. [FR Doc. E8-6898 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-8019] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency

(FEMA)receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the **Federal Register** on a subsequent date. DATES: *Effective Dates:* The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 *et seq.* ; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the **Federal Register** . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.* This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: State and location Community no. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region III Virginia: Floyd County, Unincorporated Areas. 510199 November 18, 1974, Emerg; September 29, 1989, Reg; April 16, 2008, Susp 04/16/2008 04/16/2008. Region IV South Carolina: Easley, City of, Pickens County 450167 March 4, 1974, Emerg; July 19, 1982, Reg; April 16, 2008, Susp ......do* do. Liberty, City of, Pickens County 450168 April 16, 1974, Emerg; June 25, 1976, Reg; April 16, 2008, Susp ......do do. Pickens, City of, Pickens County 450169 October 7, 1974, Emerg; June 25, 1976, Reg; April 16, 2008, Susp ......do do. Pickens County, Unincorporated Areas 450166 April 2, 1974, Emerg; July 19, 1982, Reg; April 16, 2008, Susp ......do do. Tennessee: Adams, City of, Robertson County 470159 November 26, 2003, Emerg; June 1, 2005, Reg; April 16, 2008, Susp ......do do. Brownsville, City of, Haywood County 470087 July 30, 1974, Emerg; March 4, 1988, Reg; April 16, 2008, Susp ......do do. Coopertown, Town of, Robertson County 470423 September 15, 2003, Emerg; September 15, 2003, Reg; April 16, 2008, Susp ......do do. Haywood County, Unincorporated Areas 470227 February 28, 1980, Emerg; September 1, 1986, Reg; April 16, 2008, Susp ......do do. Henderson County, Unincorporated Areas 470088 May 17, 1990, Emerg; May 17, 1990, Reg; April 16, 2008, Susp ......do do. Millersville, City of, Robertson County 470388 August 30, 1982, Emerg; June 15, 1984, Reg; April 16, 2008, Susp ......do do. Portland, City of, Robertson County 470187 February 14, 1975, Emerg; August 4, 1987, Reg; April 16, 2008, Susp ......do do. Robertson County, Unincorporated Areas 470158 May 28, 1982, Emerg; June 15, 1984, Reg; April 16, 2008, Susp ......do do. Scotts Hill, Town of, Henderson County 470322 January 17, 1980, Emerg; July 17, 1986, Reg; April 16, 2008, Susp ......do do. Springfield, City of, Robertson County 470163 May 15, 1975, Emerg; September 30, 1983, Reg; April 16, 2008, Susp ......do do. White House, City of, Robertson County 470339 May 13, 1975, Emerg; June 1, 1988, Reg; April 16, 2008, Susp ......do do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: March 26, 2008. David I. Maurstad, Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6908 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Assistant Administrator of the Mitigation Directorate has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Polk County, North Carolina and Incorporated Areas Docket No.: FEMA-D-7802 Bear Creek At the confluence with North Pacolet River +1,395 Unincorporated Areas of Polk County. Approximately 870 feet upstream of Charleston Harbor Drive +1,564 Big Fall Creek At the confluence with North Pacolet River +1,102 Unincorporated Areas of Polk County. Approximately 1,270 feet upstream of railroad +1,682 Brights Creek At the confluence with Green River +922 Unincorporated Areas of Polk County. Approximately 700 feet upstream of the confluence of Rash Creek +937 Britten Creek At the confluence with Green River +838 Unincorporated Areas of Polk County. Approximately 170 feet upstream of Lake Adger Road (State Road 1138) +1,108 Broad River On the upstream side of Poors Ford Road (State Road 1004) +732 Unincorporated Areas of Polk County. Approximately 0.6 mile upstream of the confluence of Green River +739 Collinsville Creek At the confluence with Hughes Creek +858 Unincorporated Areas of Polk County. Approximately 1.1 miles upstream of Landrum Road (State Road 1520) +996 Collinsville Creek Tributary 4 At the confluence with Collinsville Creek +962 Unincorporated Areas of Polk County. Approximately 0.5 mile upstream of the confluence with Collinsville Creek +982 Green River At the confluence with Broad River +736 Unincorporated Areas of Polk County. At the Polk/Henderson County boundary +1,442 Green River Tributary 17 At the confluence with Green River +784 Unincorporated Areas of Polk County. Approximately 0.5 mile upstream of the confluence with Green River +798 Green River Tributary 29 At the confluence with Green River +810 Unincorporated Areas of Polk County. Approximately 0.6 mile upstream of the confluence with Green River +868 Green River Tributary 30 At the confluence with Green River +817 Unincorporated Areas of Polk County. Approximately 0.8 mile upstream of the confluence with Green River +839 Green River Tributary 36 At the confluence with Green River +835 Unincorporated Areas of Polk County. Approximately 0.4 mile upstream of the confluence with Green River +854 Green River Tributary 38 At the confluence with Green River +844 Unincorporated Areas of Polk County. Approximately 1,220 feet upstream of Katydid Lane +856 Green River Tributary of Tributary 30 At the confluence with Green River Tributary 30 +817 Unincorporated Areas of Polk County. Approximately 0.4 mile upstream of the confluence with Green River Tributary 30 +844 Greens Creek At the confluence with White Oak Creek +745 Unincorporated Areas of Polk County. Approximately 350 feet upstream of East Green Creek Drive (State Road 1340) +772 Hensons Creek At the Rutherford/Polk County boundary +823 Unincorporated Areas of Polk County. Approximately 60 feet upstream of the Polk/Rutherford County boundary +824 Hooper Creek Approximately 500 feet downstream of the most downstream North Carolina/South Carolina State boundary +811 Unincorporated Areas of Polk County. Approximately 320 feet upstream of Henderson Road (State Road 1525) +1,034 Horse Creek At the confluence with North Pacolet River +879 Unincorporated Areas of Polk County, Town of Columbus. Approximately 70 feet downstream of Three Bridges Drive +2,594 Hughes Creek At the North Carolina/South Carolina State boundary +803 Unincorporated Areas of Polk County. Approximately 270 feet upstream of Landrum Road (State Road 1520) +894 Joels Creek At the confluence with North Pacolet River +1,675 Unincorporated Areas of Polk County, City of Saluda. Approximately 0.7 mile upstream of Pearson Falls Road (State Road 1102) +1,891 Little Creek (into North Pacolet River) At the confluence with North Pacolet River +893 Unincorporated Areas of Polk County, Town of Tryon. Approximately 300 feet upstream of North Trade Street +1,005 Little Creek (into Vaughn Creek) At the confluence with Vaughn Creek +972 Town of Tryon. Approximately 1,020 feet upstream of Jervey Road +1,022 Little White Oak Creek At the confluence with White Oak Creek +838 Unincorporated Areas of Polk County. Approximately 550 feet upstream of NC Highway 9 +974 Machine Creek At the confluence with White Oak Creek +827 Unincorporated Areas of Polk County. Approximately 500 feet upstream of U.S. Highway 74 +848 Mill Creek (into White Oak Creek) At the confluence with White Oak Creek +755 Unincorporated Areas of Polk County. Approximately, 1,250 feet upstream of Coxe Road (State Road 1005) +756 North Pacolet River At the North Carolina/South Carolina State boundary +837 Unincorporated Areas of Polk County, Town of Tryon. Approximately 0.5 mile upstream of the confluence of Joels Creek +1,761 North Pacolet River Tributary 18 At the confluence with North Pacolet River +917 Unincorporated Areas of Polk County. Approximately 120 feet downstream of Howard Gap Road (State Road 1122) +924 North Pacolet River Tributary 20 At the confluence with North Pacolet River +935 Unincorporated Areas of Polk County. Approximately 300 feet upstream of Baker Road (State Road 1124) +948 Ostin Creek At the confluence with Green River +919 Unincorporated Areas of Polk County. Approximately 200 feet upstream of Cow Crossing Lane +1,022 Rash Creek At the confluence with Brights Creek +935 Unincorporated Areas of Polk County. Approximately 750 feet upstream of the confluence with Brights Creek +938 South Branch Little White Oak Creek At the confluence with Little White Oak Creek +876 Unincorporated Areas of Polk County. Approximately 2.3 miles upstream of NC Highway 9 +926 Vaughn Creek At the confluence with North Pacolet River +889 Unincorporated Areas of Polk County, Town of Tryon. Approximately 630 feet upstream of the confluence of Little Creek (into Vaughn Creek) +989 Vaughn Creek Tributary 1 At the confluence with Vaughn Creek +904 Town of Tryon. Approximately 0.8 mile upstream of Vaughn Street +973 Vaughn Creek Tributary 2 At the confluence with Vaughn Creek +972 Town of Tryon. Approximately 850 feet upstream of Jervey Road +997 Walnut Creek At the confluence with Green River +802 Unincorporated Areas of Polk County. Approximately 60 feet upstream of NC Highway 9 +1,058 Wheat Creek At the confluence with Green River +768 Unincorporated Areas of Polk County. Approximately 500 feet upstream of Ponder Road (State Road 1329) +817 White Oak Creek At the confluence with Green River +743 Unincorporated Areas of Polk County. Approximately 40 feet downstream of Smith Dairy Road (State Road 1528) +902 Wolfe Creek At the confluence with North Pacolet River +842 Unincorporated Areas of Polk County. Approximately 460 feet upstream of Interstate Highway 26 +877 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Saluda Maps are available for inspection at Saluda City Hall, 6 East Main Street, Saluda, North Carolina. Town of Columbus Maps are available for inspection at Columbus Town Hall, 95 Walker Street, Columbus, North Carolina. Town of Tryon Maps are available for inspection at Tryon City Hall, 301 North Trade Street, Tryon, North Carolina. Unincorporated Areas of Polk County Maps are available for inspection at the Polk County Planning Department, 40 Courthouse Street, Columbus, North Carolina. Stanly County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7816 and FEMA-B-7733 Big Bear Creek At the confluence with Long Creek +295 Unincorporated Areas of Stanly County. Approximately 1,350 feet upstream of State Highway 49 +645 Big Bear Creek Tributary 1 At the confluence with Big Bear Creek +369 Unincorporated Areas of Stanly County. Approximately 0.5 mile upstream of the confluence with Big Bear Creek +384 Big Bear Creek Tributary 2 At the confluence with Big Bear Creek +395 Unincorporated Areas of Stanly County. Approximately 0.6 mile upstream of the confluence with Big Bear Creek +426 Big Bear Creek Tributary 3 At the confluence with Big Bear Creek +441 Unincorporated Areas of Stanly County. Approximately 710 feet upstream of Peaceful Lane +483 Big Bear Creek Tributary 4 At the confluence with Big Bear Creek +580 Unincorporated Areas of Stanly County. Approximately 1.0 mile upstream of Ridenhour Road (State Road 1433) +606 Big Cedar Creek At the confluence with Rocky River +227 Unincorporated Areas of Stanly County. Approximately 1,240 feet upstream of West Whitley Street (State Road 1933) +283 Big Cedar Creek Tributary 1 At the confluence with Big Cedar Creek +229 Unincorporated Areas of Stanly County. Approximately 0.4 mile upstream of the confluence with Big Cedar Creek +241 Camp Branch At the confluence with Rocky River +449 Unincorporated Areas of Stanly County. Approximately 60 feet downstream of Tite Road (State Road 1152) +455 Cedar Creek At the confluence with Pee Dee River (Lake Tillery) +279 Unincorporated Areas of Stanly County, Town of Norwood. Approximately 0.6 mile upstream of Railroad +422 Coldwater Branch At the confluence with Rocky River +327 Unincorporated Areas of Stanly County. Approximately 340 feet upstream of Old Sandbar Road (State Road 1100) +330 Coopers Creek At the confluence with Rocky River +254 Unincorporated Areas of Stanly County. Approximately 1.1 miles upstream of Old Davis Road (State Road 1943) +328 Curl Tail Creek At the confluence with Riles Creek +572 Unincorporated Areas of Stanly County, Town of Richfield, Village of Misenheimer. Approximately 510 feet downstream of Merner Terrace +655 East Prong Rock Hole Creek At the confluence with Rock Hole Creek +488 Unincorporated Areas of Stanly County, Town of Stanfield. Approximately 0.5 mile upstream of West Stanly Street +569 Hardy Creek At the confluence with Rocky River +240 Unincorporated Areas of Stanly County. Approximately 150 feet upstream of the confluence of Ugly Creek +383 Island Creek At the confluence with Rocky River +354 Unincorporated Areas of Stanly County, City of Locust. Approximately 1.1 miles upstream of Pless Mill Road (State Road 1136) +537 Island Creek Tributary 1 At the confluence with Island Creek +368 Unincorporated Areas of Stanly County. Approximately 520 feet downstream of Drye-Hill Road (State Road 1120) +412 Island Creek Tributary 2 At the confluence with Island Creek +388 Unincorporated Areas of Stanly County. Approximately 0.4 mile upstream of the confluence with Island Creek +412 Jacks Branch At the confluence with Rocky River +252 Unincorporated Areas of Stanly County. Approximately 1.1 miles upstream of the confluence with Rocky River +281 Jacobs Creek At the confluence with Pee Dee River (Lake Tillery) +279 Unincorporated Areas of Stanly County, City of Albemarle. Approximately 2.5 miles upstream of Indian Mound Road (State Road 1740) +379 Little Bear Creek (North) At the confluence with Big Bear Creek +470 Unincorporated Areas of Stanly County. Approximately 450 feet upstream of NC 73 Highway +523 Little Bear Creek (South) At the confluence with Long Creek +334 Unincorporated Areas of Stanly County. Approximately 1.7 miles upstream of Canton Road (State Road 1249) +524 Little Bear Creek (South) Tributary 1 At the confluence with Little Bear Creek (South) +417 Unincorporated Areas of Stanly County. Approximately 600 feet upstream of NC 24-27 Highway +443 Little Bear Creek (South) Tributary 2 At the confluence with Little Bear Creek (South) +452 Unincorporated Areas of Stanly County. Approximately 1,170 feet upstream of Canton Road (State Road 1249) +510 Little Cedar Creek At the confluence with Rocky River +226 Unincorporated Areas of Stanly County, Town of Norwood. Approximately 0.4 mile upstream of U.S. Highway 52 +266 Little Creek (North) At the confluence with Big Bear Creek +444 Unincorporated Areas of Stanly County. Approximately 1,220 feet upstream of Old Concord Road (State Road 1236) +551 Little Creek (South) At the confluence with Long Creek +302 Unincorporated Areas of Stanly County. Approximately 900 feet upstream of Western Road (State Road 1959) +425 Little Long Creek Approximately 450 feet downstream of Efird Street +429 Unincorporated Areas of Stanly County, City of Albemarle, Town of New London. Approximately 1,480 feet upstream of Railroad +569 Little Meadow Creek Approximately 1.1 miles downstream of State Highway 200 +551 City of Locust. Approximately 1,200 feet downstream of Mauney Road (State Road 2625) +581 Little Mountain Creek At the confluence with Mountain Creek +384 Unincorporated Areas of Stanly County, Town of Badin. Approximately 1.1 miles upstream of Barnhardt Road (State Road 1545) +588 Long Creek At the confluence with Rocky River +284 Unincorporated Areas of Stanly County, City of Albemarle, Town of Richfield, Village of Misenheimer. Approximately 0.7 mile upstream of Matton Grove Church Road (State Road 1454) +637 Long Creek Tributary 1 Approximately 500 feet upstream of the confluence with Long Creek +484 Unincorporated Areas of Stanly County. Approximately 1,170 feet upstream of Pennington Road (State Road 1401) +509 Long Creek Tributary 2 Approximately 1,500 feet upstream of the confluence with Long Creek +485 Unincorporated Areas of Stanly County. Approximately 0.9 mile upstream of the confluence with Long Creek +508 Long Creek Tributary 3 At the confluence with Long Creek +530 Unincorporated Areas of Stanly County. Approximately 650 feet downstream of Sunnybrook Road +553 Meadow Creek At the upstream side of Reed Mine Road (State Road 1100) +495 City of Locust. Approximately 0.9 mile upstream of Reed Mine Road (State Road 1100) +511 Melchor Branch At the confluence with Little Long Creek +448 City of Albemarle. Approximately 480 feet upstream of North Sixth Street +486 Melchor Branch Tributary 1 Just upstream of Fox Run Drive +524 City of Albemarle. Approximately 160 feet upstream of Montgomery Avenue +557 Melchor Branch Tributary 1A At the confluence with Melchor Branch Tributary 1 +536 City of Albemarle. Approximately 550 feet upstream of Montgomery Avenue +554 Mountain Creek At the confluence with Pee Dee River +284 Unincorporated Areas of Stanly County, City of Albemarle. Approximately 60 feet upstream of State Highway 740 +708 Mountain Creek Tributary 1 At the confluence with Mountain Creek +377 Unincorporated Areas of Stanly County. Approximately 300 feet upstream of Stony Hill Road (State Road 1729) +407 Pee Dee River At the Anson/Montgomery/Richmond/Stanly County boundary +220 Unincorporated Areas of Stanly County, Town of Norwood. At the confluence of Yadkin River and Uwharrie River +287 Pee Dee River Tributary 6 At the confluence with Pee Dee River +229 Unincorporated Areas of Stanly County. Approximately 150 feet upstream of Railroad +264 Pole Bridge Creek At the confluence with Little Bear Creek (North) +477 Unincorporated Areas of Stanly County. Approximately 0.7 mile upstream of Lambert Road (State Road 1231) +570 Poplin Creek At Aquadale Road +429 City of Albemarle. Approximately 630 feet upstream of Dr. Martin Luther King Jr. Drive +501 Poplin Creek Tributary 1 Approximately 250 feet upstream of the confluence with Poplin Creek +428 City of Albemarle. Approximately 300 feet upstream of East North Street +483 Pumpkin Creek At the confluence with Rocky River +426 Unincorporated Areas of Stanly County. Approximately 0.5 mile upstream of the confluence with Rocky River +444 Ramsey Creek At the confluence with Big Bear Creek +369 Unincorporated Areas of Stanly County. Approximately 1,270 feet upstream of Canton Road (State Road 1249) +543 Riles Creek Approximately 500 feet upstream of Rowan/Stanly County boundary +572 Unincorporated Areas of Stanly County, Town of Richfield. Approximately 1.3 miles upstream of Willie Road +590 Rock Creek At the upstream side of Rock Creek Park Drive +430 Unincorporated Areas of Stanly County, City of Albemarle. Approximately 1,000 feet upstream of Railroad +446 Rock Hole Branch At the confluence with Rock Hole Creek +458 Unincorporated Areas of Stanly County, Town of Stanfield. Approximately 2.3 miles upstream of the confluence with Rock Hole Creek +544 Rock Hole Creek At the confluence with Rocky River +367 Unincorporated Areas of Stanly County, Town of Stanfield. Approximately 480 feet upstream of Polk Ford Road +489 Rocky River At the confluence with Pee Dee River +220 Unincorporated Areas of Stanly County. Approximately 0.8 mile upstream of the confluence of Muddy Creek +481 Rocky River Tributary 1 At the confluence with Rocky River +220 Unincorporated Areas of Stanly County. Approximately 0.8 mile upstream of the confluence with Rocky River +245 Rocky River Tributary 3 At the confluence with Rocky River +237 Unincorporated Areas of Stanly County. Approximately 710 feet upstream of Loop Road (State Road 1982) +248 Rocky River Tributary 8 At the confluence with Rocky River +350 Unincorporated Areas of Stanly County. Approximately 0.5 mile upstream of the confluence with Rocky River +364 Running Creek At the confluence with Big Bear Creek +467 Unincorporated Areas of Stanly County. Approximately 0.8 mile upstream of Five Point Road (State Road 1206) +540 Scaly Bark Creek At the confluence with Long Creek +384 Unincorporated Areas of Stanly County. Approximately 0.9 mile upstream of St. Martin Road (State Road 1963) +416 South Ugly Creek At the confluence with Hardy Creek +268 Unincorporated Areas of Stanly County. Approximately 1.1 miles upstream of the confluence with Hardy Creek +311 Stony Run At the confluence with Big Bear Creek +339 Unincorporated Areas of Stanly County, Town of Oakboro, Town of Red Cross. Approximately 140 feet upstream of Running Creek Church Road (State Road 1134) +636 Stony Run Tributary 1 At the confluence with Stony Run +445 Unincorporated Areas of Stanly County. Approximately 1,120 feet upstream of Liberty Hill Church Road (State Road 1115) +469 Town Creek At the confluence with Little Long Creek +448 Unincorporated Areas of Stanly County, City of Albemarle, Town of New London. Approximately 1,890 feet upstream of Henderson Road (State Road 1436) +530 Town Creek Tributary 1 At the confluence with Town Creek +516 Unincorporated Areas of Stanly County. Approximately 1,060 feet upstream of Burris-Burleson Road (State Road 1437) +546 Ugly Creek At the confluence with Hardy Creek +380 Unincorporated Areas of Stanly County. Approximately 1,200 feet upstream of South Stanly School Road (State Road 1922) +407 Yadkin River At the confluence with Pee Dee River and Uwharrie River +287 Unincorporated Areas of Stanly County, Town of Badin. Approximately 500 feet downstream of State Highway 49/8 +566 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Albemarle Maps are available for inspection at City of Albemarle Engineering Department, 157 North Second Street, Albemarle, North Carolina. City of Locust Maps are available for inspection at Locust City Hall, 211 Town Centre, Locust, North Carolina. Town of Badin Maps are available for inspection at Badin Town Hall, 36 Falls Road, Badin, North Carolina. Town of Norwood Maps are available for inspection at Norwood Town Hall, Zoning Department, 116 South Main Street, Norwood, North Carolina. Town of Oakboro Maps are available for inspection at Oakboro Town Hall, 109A North Main Street, Oakboro, North Carolina. Town of Red Cross Maps are available for inspection at Red Cross Town Clerk's Residence, 680 West Red Cross Road, Oakboro, North Carolina. Town of Richfield Maps are available for inspection at Richfield Town Hall, 138 Highway 49 North, Richfield, North Carolina. Town of Stanfield Maps are available for inspection at Stanfield Town Hall, 203 West Stanly Street, Stanfield, North Carolina. Unincorporated Areas of Stanly County Maps are available for inspection at Stanly County Planning and Zoning Department, 1000 North First Street, Albemarle, North Carolina. Village of Misenheimer Maps are available for inspection at Misenheimer Town Hall, 48384 U.S. Highway 52 North, Misenheimer, North Carolina. Unicoi County, Tennessee, and Incorporated Areas Docket No.: FEMA-B-7731 Nolichucky River Approximately 1,400 feet downstream of the confluence of South Indian Creek +1638 City of Erwin, Unincorporated Areas of Unicoi County. Approximately 2,280 feet upstream of the Chestoa Pike Bridge +1690 North Indian Creek Approximately 1,170 feet downstream of the Interstate 26 Bridge +1832 Town of Unicoi, Unincorporated Areas of Unicoi County. Approximately 100 feet downstream of the confluence of Scioto Creek +1920 South Indian Creek Approximately 440 feet upstream of the confluence with Nolichucky River +1641 Unincorporated Areas of Unicoi County, City of Erwin. Approximately 290 feet upstream of the Sandy Bottom Road Bridge +1680 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Erwin Maps are available for inspection at Erwin Town Hall, 211 North Main Avenue, Erwin, TN 37650. Town of Unicoi Maps are available for inspection at Unicoi Town Hall, 3600 Unicoi Drive, Unicoi, TN 37692. Unincorporated Areas of Unicoi County Maps are available for inspection at Post Office Box 169, Erwin, TN 37650-0169. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 17, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6909 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation, and ninety

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected La Paz County, Arizona and Incorporated Areas Docket No.: FEMA-B-7456 Arroyo La Paz Approximately 200 feet above confluence with North Levee Channel +288 La Paz County (Unincorporated Areas). Approximately 75 feet upstream of Parker-Poston Road +306 Cinnabar Wash Approximately 100 feet above confluence with Colorado River +264 La Paz County (Unincorporated Areas). Approximately 1.00 miles above confluence with Colorado River +326 Colorado River Approximately 13.5 miles upstream of Adobe Lake +202 La Paz County (Unincorporated Areas). Approximately 0.38 mile downstream of Parker Dam +379 Parker, Town of Colorado River Indian Reservation. Ehrenberg Wash Approximately 300 feet downstream of Parker-Poston Road +282 La Paz County (Unincorporated Areas). Approximately 0.43 mile upstream of Parker-Poston Road +332 Gonzales Wash Approximately 115 feet above confluence with North Levee Channel +280 La Paz County (Unincorporated Areas). Approximately 50 feet upstream of Parker-Poston Road +288 Unnamed Stream 1 Approximately 125 feet above confluence with South Levee Channel +266 La Paz County (Unincorporated Areas). Approximately 1,560 feet upstream of Parker-Poston Road +302 Unnamed Stream 2 Approximately 300 feet above confluence with South Levee Channel +280 La Paz County (Unincorporated Areas). Approximately 0.73 mile above confluence with South Levee Channel +340 Unnamed Stream 3 Approximately 225 feet above confluence with South Levee Channel +282 La Paz County (Unincorporated Areas). Approximately 0.44 mile upstream of Parker-Poston Road +334 Unnamed Stream 4 Approximately 292 feet above confluence with North Levee Channel +288 La Paz County (Unincorporated Areas). Approximately 856 feet upstream of Parker-Poston Road +316 Shallow Flooding West of Parker-Poston Road to South of Colorado River Indian Tribe #2 La Paz County (Unincorporated Areas). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES La Paz County (Unincorporated Areas) Maps available for inspection at: La Paz County Community Development Dept., 1112 Joshua Avenue, Parker, Arizona 85344. Town of Parker Maps available for inspection at: Parker Town Hall, 1314 11th Street Parker, AZ 85344. Colorado River Indian Reservation Yuma County, Arizona and Incorporated Areas Docket No.: FEMA-D-7642 Colorado River At the downstream county boundary +94 Yuma County (Unincorporated Areas), Cities of Yuma and San Luis. At the upstream county boundary +202 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Yuma County (Unincorporated Areas) Maps available for inspection at the Yuma County Community Department of Development Services, 2351 West 26th Street, Yuma, Arizona. City of Yuma Maps available for inspection at the Yuma City Department of Development Services, One City Plaza, Yuma, Arizona. City of San Luis Maps available for inspection at the San Luis City Public Works Administration Office, 751 North 4th Avenue, San Luis, Arizona. Riverside County, California and Incorporated Areas Docket Nos.: FEMA-B-7742 and FEMA-D-7828 Colorado River At the downstream corporate limits of Riverside County +244 Colorado River Indian Tribe, Unincorporated Areas of Riverside County. At the upstream corporate limits of Riverside County +338 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Colorado River Indian Tribe Maps available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona. Unincorporated Areas of Riverside County Maps available for inspection at the Riverside County Flood Control District Office, 1995 Market Street, Riverside, California. San Bernardino County, California and Incorporated Areas Docket Nos.: FEMA-B-7742 and FEMA-D-7828 Colorado River At the downstream corporate limits of San Bernardino County +338 City of Needles, Colorado River Indian Tribe, Fort Mojave Indian Tribe, Unincorporated Areas of San Bernardino County. At the upstream corporate limits of San Bernardino County +485 Hooke Creek At confluence with Fern Canyon +4,877 Unincorporated Areas of San Bernardino County. Approximately 500 feet upstream of Hooke Road +5,238 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Needles Maps are available for inspection at Needles City Hall, 817 Third Street, Needles, California. Colorado River Indian Tribe Maps are available for inspection at Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona. Fort Mojave Indian Tribe Maps are available for inspection at Mohave Indian Tribal Offices, 500 Merriman Avenue, Needles, California. Unincorporated Areas of San Bernardino County Maps are available for inspection at San Bernardino County Public Works Department, 825 East Third Street, San Bernardino, California. Middlesex County, Connecticut (All Jurisdictions) Docket No.: FEMA-B-7746 Carr Brook To approximately 1,130 feet upstream from Strickland Road +25 Town of Portland. From confluence with Connecticut River +25 Carr Brook Tributary A From confluence with Carr Brook +25 Town of Portland. To approximately 0.45 mile upstream of Bartlett Street +25 Chestnut Brook From mouth at Mattabesset River +23 Town of Cromwell. To approximately 40 feet upstream of Route 9 +23 Coginchaug River At confluence with Mattabesset River +23 City of Middletown. Approximately 450 feet upstream of State Route 66 (Washington Street) +23 Coles Road Brook From mouth at Mattabesset River +23 Town of Cromwell. To approximately 26 feet downstream of Route 372 +23 Connecticut River Approximately 1.17 miles downstream of confluence of Clark Creek +11 Town of Cromwell, City of Middletown, Town of East Haddam, Town of East Hampton, Town of Haddam, Town of Portland. Approximately 0.59 mile upstream of confluence of Hales Brook +25 Cromwell Creek From confluence with Connecticut River +24 Town of Cromwell. To approximately 1,300 feet upstream of South Street +24 East Swamp Brook At confluence with Swamp Brook +23 City of Middletown. Approximately 350 feet upstream of Tiger Lane +23 Hales Brook From confluence with Connecticut River +25 Town of Portland. To approximately 0.76 mile upstream of confluence +25 Mattabesset River At confluence with Connecticut River +23 City of Middletown, Town of Cromwell. Approximately 500 feet downstream of Berlin Road +23 Mill Creek At confluence with Connecticut River +15 Town of Haddam. Approximately 1,200 feet upstream of Route 9A +15 Miner Brook At confluence with Mattabesset River +23 City of Middletown. Moodus River At confluence with Salmon River +14 Town of East Haddam. At downstream side of Johnsonville Road +14 Ponset Brook At confluence with Connecticut River +17 Town of Haddam. Approximately 0.40 mile upstream of confluence with Connecticut River +17 Reservoir Brook From confluence with Connecticut River +25 Town of Portland. To approximately 25 feet downstream of Route 17 +25 Salmon River At confluence with Connecticut River +14 Town of Haddam, Town of East Haddam. At downstream side of Leesville Dam +14 Sawmill Brook At confluence with Mattabesset River +23 City of Middletown. Approximately 1,270 feet upstream of confluence with Mattabesset River +23 Shunpike Creek Mouth at Mattabesset River +23 Town of Cromwell. To approximately 0.26 mile upstream of mouth at Mattabesset River +23 Succor Brook At confluence with Connecticut River +12 Town of East Haddam. Approximately 125 feet upstream of Lumber Yard Road +12 Sumner Brook At confluence with Connecticut River +23 City of Middletown. At upstream side of State Routes 9 and 17 culvert +23 Swamp Brook At confluence with Mattabesset River +23 City of Middletown. At confluence of East Swamp and West Swamp Brooks +23 West Swamp Brook At upstream side of Kaplan Drive +23 City of Middletown. At confluence with Swamp Brook +23 Willow Brook From mouth at Mattabesset River +23 Town of Cromwell. To East View Drive +23 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Middletown Maps are available for inspection at City of Middletown Planner's Office, 245 deKoven Drive, Middletown, Connecticut. Town of Cromwell Maps are available for inspection at Town of Cromwell Planner's Office, 41 West Street, Cromwell, Connecticut. Town of East Haddam Maps are available for inspection at Town of East Haddam Planner's Office, 7 Main Street, East Haddam, Connecticut. Town of East Hampton Maps are available for inspection at Town of East Hampton Planning Administrator's Office, 20 East High Street, East Hampton, Connecticut. Town of Haddam Maps are available for inspection at Town of Haddam Engineer's Office, 30 Field Park Drive, Haddam, Connecticut. Town of Portland Maps are available for inspection at Town of Portland Planner's Office, 33 East Main Street, Portland, Connecticut. Hillsborough County, Florida and Incorporated Areas Docket Nos.: FEMA-D-7686 and FEMA-B-7746 Alderman Creek At the confluence with Little Manatee River +82 Hillsborough County (Unincorporated Areas). Approximately 2.4 miles upstream of Taylor Grill Road +123 Archie Creek Approximately 200 feet downstream of 78th Street South +11 Hillsborough County (Unincorporated Areas). Approximately 0.4 mile upstream of Interstate 75 +20 Backwater from Cypress Creek Approximately 900 feet southwest of the intersection of Clubhouse Drive and Kings Boulevard +30 Hillsborough County (Unincorporated Areas). Baker Canal At the confluence with Lake Thonotosassa Tributary and Baker Creek +44 Hillsborough County (Unincorporated Areas). Approximately 150 feet downstream of Acker Road +84 Baker Canal Tributary 1 At the confluence with Baker Canal +44 Hillsborough County (Unincorporated Areas). At Taylor Road +44 Baker Canal Tributary 2 At the confluence with Baker Canal +44 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of Gallagher Road +64 Baker Canal Tributary 3 At the confluence with Baker Canal +44 Hillsborough County (Unincorporated Areas). Approximately 1,100 feet upstream of U.S. Highway 92 +57 Baker Canal Tributary 5 At the confluence with Baker Canal +44 Hillsborough County (Unincorporated Areas). At the upstream side of McIntosh Road +57 Baker Canal Tributary 6 At the confluence with Baker Canal +46 Hillsborough County (Unincorporated Areas). At the downstream side of McIntosh Road +57 Baker Canal Tributary 7 At the confluence with Baker Canal +73 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of Shady Stream Drive +83 Baker Canal Tributary 8 At the confluence with Baker Canal +76 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Walden Sheffield Road +96 Baker/Pemberton Creek Tributary 1 At the confluence with Baker Creek and Pemberton Creek +56 Hillsborough County (Unincorporated Areas). Approximately 0.9 mile upstream of Emerald Acres Avenue +72 Baker/Pemberton Creek Tributary 2 At the confluence with Baker/Pemberton Creek Tributary 1 +56 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Baker/Pemberton Creek Tributary 1 +60 Baker/Pemberton/Mill Creek At the confluence with Baker Canal and Lake Thonotosassa Tributary +44 Hillsborough County (Unincorporated Areas), City of Plant City. Approximately 200 feet upstream of North Wheeler Street +115 Bassett Branch At the confluence with Hillsborough River +37 Hillsborough County (Unincorporated Areas), City of Tampa. At the Hillsborough County boundary +63 Big Bend At the confluence with Bullfrog Creek +31 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of Simmons Loop +52 Blackwater Creek At the confluence with Hillsborough River +49 Hillsborough County (Unincorporated Areas). Approximately 0.9 mile upstream of Canaan Avenue +109 Brooker Creek At the Hillsborough County boundary +27 Hillsborough County (Unincorporated Areas). At Farmer Road +39 Brushy Creek At the confluence with Rocky Creek +25 Hillsborough County (Unincorporated Areas). Approximately 1,350 feet upstream of Dale Marby Highway North +54 Brushy Creek Branch 2 At the confluence with Brushy Creek +39 Hillsborough County (Unincorporated Areas). Approximately 30 feet upstream of Hutchison Road +51 Brushy Creek Tributary 1 At the confluence with Brushy Creek +47 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Country Lake Drive +51 Bullfrog Creek Approximately 1.4 miles upstream of the railroad +11 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Edina Street +92 Bullfrog Creek Tributary 1 At the confluence with Bullfrog Creek +26 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Lincoln Road +43 Bullfrog Creek Tributary 2 At the confluence with Bullfrog Creek +58 Hillsborough County (Unincorporated Areas). Approximately 0.4 mile upstream of West Lake Drive +67 Bullfrog Creek Tributary 3 At the confluence with Bullfrog Creek +64 Hillsborough County (Unincorporated Areas). Approximately 40 feet upstream of County Road 672 +130 Campbell Branch At the confluence with Flint Creek +38 Hillsborough County (Unincorporated Areas). Approximately 1,500 feet downstream of Branch Forbes Road +90 Campbell Branch Tributary 1 At the confluence with Campbell Branch +50 Hillsborough County (Unincorporated Areas). Approximately 50 feet downstream of Thonotosassa Road +52 Carlton Branch At the confluence with Little Manatee River +46 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of Huckleberry Road +118 Carlton Branch Tributary 1 At the confluence with Carlton Branch +60 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Leonard Lee Road +92 Carlton Branch Tributary 2 At the confluence with Carlton Branch +69 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of Balm Wimauma Road +116 Carlton Branch Tributary 3 At the confluence with Carlton Branch +88 Hillsborough County (Unincorporated Areas). Approximately 25 feet upstream of Sweat Loop Road +114 Carlton Branch Tributary 3.1 At the confluence with Carlton Branch Tributary 3 +89 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Balm Wimauma Road +108 Clay Gulley East At the confluence with Hillsborough River +36 Hillsborough County (Unincorporated Areas). At Dormany Road +75 Clay Gulley East Tributary 2 At the confluence with Clay Gulley East +58 Hillsborough County (Unincorporated Areas). At Five Acre Road +60 Clay Gulley East Tributary 4 At the confluence with Clay Gulley East Tributary 6 +48 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Five Acre Road +58 Clay Gulley East Tributary 5 At the confluence with Clay Gulley East +45 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Brunt Barn Avenue +68 Clay Gulley East Tributary 6 At the confluence with Clay Gulley East +45 +Hillsborough County (Unincorporated Areas). Approximately 0.9 miles upstream of the confluence with Clay Gulley East Tributary 4 +62 Clay Gulley East Tributary 7 At the confluence with Clay Gulley East +45 Hillsborough County (Unincorporated Areas). Approximately 450 feet upstream of Warren Byrd Lane +49 Clay Gulley East Tributary 8 At the confluence with Clay Gulley East +67 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Clay Gulley East +72 Clay Gulley West At the confluence with Hillsborough River +35 Hillsborough County (Unincorporated Areas), City of Tampa. At the Hillsborough County Boundary +59 Cow House Creek At the confluence with Hillsborough River +27 Hillsborough County (Unincorporated Areas), City of Temple Terrace. Approximately 2.7 miles upstream of the confluence of Tampa Bypass Canal +35 Curiosity Creek At the confluence with Little Manatee River +9 Hillsborough County (Unincorporated Areas). Approximately 1.2 miles upstream of Lightfoot Road +17 Curiosity Creek (near City of Tampa) Approximately 100 feet upstream of Fowler Avenue +32 Hillsborough County (Unincorporated Areas). Approximately 500 feet upstream of West Bearss Avenue +48 Curiosity Creek Tributary 1 At the confluence with Curiosity Creek +11 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Pinetree Circle +16 Curiosity Creek Tributary 1.1 At the confluence with Curiosity Creek Tributary 1 +15 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Butch Cassidy Trail +18 Cypress Creek At the confluence with Little Manatee River +14 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of 19th Avenue NE +39 Cypress Creek (near City of Tampa) At the confluence with Hillsborough River +27 Hillsborough County (Unincorporated Areas), City of Tampa. Approximately 0.7 mile downstream of County Line Road +46 Delaney Creek Approximately 1,000 feet downstream of Maydell Drive +11 Hillsborough County (Unincorporated Areas). Approximately 1,500 feet upstream of Lakewood Drive South +31 Delaney Creek Lateral C At the confluence with Delaney Creek +19 Hillsborough County (Unincorporated Areas). Approximately 20 feet upstream of Rideout Road +24 Delaney Creek Lateral D At the confluence with Delaney Creek +20 Hillsborough County (Unincorporated Areas). Approximately 700 feet upstream of Ridein Road +23 Delaney Creek Lateral E At the confluence with Delaney Creek +28 Hillsborough County (Unincorporated Areas). Approximately 800 feet upstream of Palm River Road +28 Delaney Creek Tributary 1 At the upstream side of Causeway Boulevard +11 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Maydell Drive +12 Delaney Creek Tributary 2 At the confluence with Delaney Creek +17 Hillsborough County (Unincorporated Areas). Approximately 900 feet upstream of Robindale Road +20 Dug Creek At the confluence with Little Manatee River +18 Hillsborough County (Unincorporated Areas). Approximately 0.2 mile upstream of State Road 674/Sun City Center Boulevard +69 Dug Creek Tributary 1 At the confluence with Dug Creek +20 Hillsborough County (Unincorporated Areas). Approximately 0.4 mile upstream of Ed Lane +47 Dug Creek Tributary 2 At the confluence with Dug Creek +32 Hillsborough County (Unincorporated Areas). Approximately 0.2 mile upstream of West Lake Drive +69 Dug Creek Tributary 3 At the confluence with Dug Creek +60 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of West Lake Drive +84 East Canal At the confluence with Itchepackesassa Creek +96 Hillsborough County (Unincorporated Areas), City of Plant City. At the downstream side of Frontage Road +114 East Canal Tributary At the confluence with East Canal +119 City of Plant City. Approximately 700 feet upstream of Crystal Terrace +133 East Canal At the upstream side of Frontage Road +118 City of Plant City. Upstream of Frontage Road Approximately 15 feet upstream of Alsobrook Street +127 Flint Creek At the confluence with Hillsborough River +35 Hillsborough County (Unincorporated Areas). Approximately 160 feet downstream of Kelso Road +38 Gulley Branch At the confluence with Little Manatee River +39 Hillsborough County (Unincorporated Areas). Approximately 2.5 miles upstream of the confluence with Little Manatee River +94 Half Moon Lake Branch At the confluence with Rocky Creek +33 Hillsborough County (Unincorporated Areas). Approximately 50 feet downstream of Vanderbilt Drive +43 Hillsborough Bay Areas within MacDill Air Force Base +10 Hillsborough County (Unincorporated Areas), City of Tampa. Hillsborough River Approximately 500 feet downstream of Temple Terrace +23 Hillsborough County (Unincorporated Areas), City of Tampa, City of Temple Terrace. Approximately 700 feet upstream of the confluence of Big Ditch Creek +52 Hollomans Branch At the confluence with Hillsborough River +35 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of West Knights Griffin Road +97 Hollomans Branch Tributary 1 At the confluence with Hollomans Branch +69 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Dormany Road +76 Hollomans Branch Tributary 2 At the confluence with Hollomans Branch +62 Hillsborough County (Unincorporated Areas). At the downstream side of Platt Road +91 Hollomans Branch Tributary 3 At the confluence with Hollomans Branch +55 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of Knights Griffin Road +71 Howard Prairie Branch At the confluence with Little Manatee River +57 Hillsborough County (Unincorporated Areas). Approximately 40 feet upstream of South County Road 39 +109 Howard Prairie Branch Tributary 1 At the confluence with Howard Prairie Branch +57 Hillsborough County (Unincorporated Areas). Approximately 3.2 miles upstream of Grange Hall Loop +73 Howard Prairie Branch Tributary 2 At the confluence with Howard Prairie Branch +76 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of South County Road 39 +117 Itchepackesassa Creek At the confluence with Blackwater Creek +88 Hillsborough County (Unincorporated Areas). Approximately 1.3 miles upstream of Knights Griffin Road +112 Itchepackesassa Creek Tributary 1 At the confluence with Itchepackesassa Creek +104 Hillsborough County (Unincorporated Areas). Approximately 1.1 miles upstream of Knights Griffin Road +110 Itchepackesassa Creek Tributary 2 At the confluence with Itchepackesassa Creek +101 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Itchepackesassa Creek +103 Lake Thonotosassa Tributary At Thonotosassa Road +38 Hillsborough County (Unincorporated Areas). At the confluence of Baker Creek and Baker Canal +44 Little Bullfrog Creek At the confluence with Bullfrog Creek +33 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of Big Bend Road +80 Little Manatee River Approximately 800 feet downstream of I-75 +9 Hillsborough County (Unincorporated Areas). Approximately 2.2 miles upstream of Taylor Gill Road +99 Little Manatee River Tributary 2.2 At the confluence with Little Manatee River Tributary 2 +9 Hillsborough County (Unincorporated Areas). Approximately 600 feet upstream of Butch Cassidy Trail +28 Little Manatee River Tributary 2.1 At the confluence with Little Manatee River Tributary 2 +9 Hillsborough County (Unincorporated Areas). Approximately 980 feet upstream of Lightfoot Road +17 Little Manatee River Tributary 1 At the confluence with Little Manatee River +9 Hillsborough County (Unincorporated Areas). At 30th Street SE +9 Little Manatee River Tributary 10 At the confluence with Little Manatee River +57 Hillsborough County (Unincorporated Areas). Approximately 1.1 miles upstream of State Road 674 +105 Little Manatee River Tributary 11 At the confluence with Little Manatee River +61 Hillsborough County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Little Manatee River +83 Little Manatee River Tributary 12 At the confluence with Little Manatee River +72 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of State Road 674 +116 Little Manatee River Tributary 13 At the confluence with Little Manatee River +72 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of State Road 674 +120 Little Manatee River Tributary 2 At the confluence with Little Manatee River +9 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of U.S. Route 301 +21 Little Manatee River Tributary 3 At the confluence with Little Manatee River +15 Hillsborough County (Unincorporated Areas). Approximately 600 feet upstream of Palmetto Road +19 Little Manatee River Tributary 4 At the confluence with Little Manatee River +35 Hillsborough County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Little Manatee River +54 Little Manatee River Tributary 5 At the confluence with Little Manatee River +36 Hillsborough County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence of Little Manatee River Tributary 5.1 +85 Little Manatee River Tributary 5.1 At the confluence with Little Manatee River Tributary 5 +53 Hillsborough County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Little Manatee River Tributary 5 +92 Little Manatee River Tributary 6 At the confluence with Little Manatee River +40 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of Leonard Lee Road +56 Little Manatee River Tributary 7 At the confluence with Little Manatee River +44 Hillsborough County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence of Little Manatee River Tributary 7.1 +79 Little Manatee River Tributary 7.1 At the confluence with Little Manatee River Tributary 7 +53 Hillsborough County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Little Manatee River Tributary 7 +81 Little Manatee River Tributary 8 At the confluence with Little Manatee River +50 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of Grange Hall Loop +72 Little Manatee River Tributary 9 At the confluence with Little Manatee River +51 Hillsborough County (Unincorporated Areas). Approximately 1.6 miles upstream of Grange Hall Loop +59 Lower Sweetwater Creek Tributary 1 Approximately 500 feet downstream of Sawyer Road +10 Hillsborough County (Unincorporated Areas). Approximately 800 feet upstream of Paris Street West +33 Mil Lake Tributary Approximately 0.4 mile downstream of Livingston Avenue +35 Hillsborough County (Unincorporated Areas). Approximately 65 feet downstream of Livingston Avenue +42 Mill Creek Tributary 1 At the confluence with Mill Creek +105 Hillsborough County (Unincorporated Areas). Approximately 25 feet upstream of Bennett Road +108 Mill Creek Tributary 2 At the confluence with Mill Creek +106 Hillsborough County (Unincorporated Areas), City of Plant City. Approximately 0.6 mile upstream of Interstate 4 +108 New River At the confluence with Hillsborough River +41 Hillsborough County (Unincorporated Areas), City of Tampa. Approximately 2,000 feet upstream of Morris Bridge Road +63 New River East At the confluence with New River +47 Hillsborough County (Unincorporated Areas). At the Hillsborough County boundary +66 North Archie Creek Approximately 1,500 feet downstream of 78th Street South +11 Hillsborough County (Unincorporated Areas). At the upstream side of Valhalla Pond Drive +28 North Lake Tributary At the upstream side of Pebble Beach Boulevard +38 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of Cherry Hills Drive +54 North Prong Bullfrog Creek At the confluence with Bullfrog Creek +53 Hillsborough County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Bullfrog Creek +85 Pemberton Creek Tributary 1 At the confluence with Pemberton Creek +78 Hillsborough County (Unincorporated Areas). At U.S. Highway 92 +83 Pierce Branch At the confluence with Little Manatee River +50 Hillsborough County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence of Pierce Branch Tributary 3 +124 Pierce Branch Tributary 1 At the confluence with Pierce Branch +79 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Pierce Branch +110 Pierce Branch Tributary 2 At the confluence with Pierce Branch +99 Hillsborough County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence with Pierce Branch +117 Pierce Branch Tributary 3 At the confluence with Pierce Branch +101 Hillsborough County (Unincorporated Areas). Approximately 30 feet upstream of Sweat Loop Road +115 Ponding Area Entire shoreline within community +35 City of Temple Terrace. Ponding Area Approximately 400 feet northwest of the intersection of Ojai Avenue and Hacienda Drive +53.8 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 400 feet northwest of the intersection of Kings Green Drive and Vilmont Greens Drive +19.1 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 200 feet east of the intersection of 36th Street and Myrtle Tree Lane +29.1 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 100 feet east of the intersection of Vilmont Greens Drive and Kensington Greens Drive +29.9 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 370 feet northeast of the intersection of Radison Avenue and Radison Lake Court +35.6 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 500 feet northeast of the intersection of Kings Boulevard and McDaniel Street +35.6 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 400 feet southeast of the intersection of Olive Branch Drive and Oxford Park Drive +36.5 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 500 feet southeast of the intersection of Vista Greens Drive and New Point Loop +37.8 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 1,600 feet east of the intersection of Vista Greens Drive and New Point Loop +33 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 600 feet southwest of the intersection of Chipper Drive and Pebble Beach Boulevard +59.1 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 600 feet southwest of the intersection of Council Drive and Pebble Beach Boulevard +51.4 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 300 feet southwest of the intersection of Foxhunt Drive and Finsbury Circle +34 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 300 feet southwest of the intersection of Foxhunt Drive and Foxglove Circle +31 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 800 feet southeast of the intersection of Nebraska Avenue and 139th Avenue +44.7 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 1,300 feet southeast of the intersection of Nebraska Avenue and 139th Avenue +39.3 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 300 feet northeast of the intersection of Lucerne Drive and 143rd Avenue +43.4 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 200 feet northeast of the intersection of Skipper Road and 16th Street +43.8 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 800 feet northwest of the intersection of Ojai Avenue and El Rancho Drive +52.7 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 500 feet southeast of the intersection of Emerald Lake Drive and Del Webb Boulevard +42.7 Hillsborough County (Unincorporated Areas). Ponding Area Approximately 400 feet south of the intersection of Foxhunt Drive and Finsbury Circle +37 Hillsborough County (Unincorporated Areas). Ponding Areas Entire shoreline within community, lowest range of elevations found +105 City of Plant City. Entire shoreline within community, highest range of elevations found +145 Ponding Areas Entire shoreline within community, lowest range of elevations found +8 Hillsborough County (Unincorporated Areas). Entire shoreline within community, highest range of elevations found +143 Ponding Areas Entire shoreline within community, lowest range of elevations found +12 City of Tampa. Entire shoreline within community, highest range of elevations found +62 Rocky Creek Approximately 1,400 feet downstream of Linebaugh Avenue +13 Hillsborough County (Unincorporated Areas). Approximately 300 feet upstream of Hammock Woods Drive +46 Rocky Creek Tributary 1 At the confluence with Turkey Ford Lake +56 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of Fishermans Bend Drive +63 Ruskin Inlet/Marsh Branch Approximately 350 feet downstream of College Avenue +9 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of 14th Avenue SE +21 Six Mile Creek At the confluence with Tampa Bypass Canal +11 Hillsborough County (Unincorporated Areas). Approximately 450 feet upstream of Orient Road +26 South Fork Little Manatee River At the confluence with Little Manatee River +35 Hillsborough County (Unincorporated Areas). At the Hillsborough County boundary +45 Spartman Branch At the confluence with Pemberton Creek +88 Hillsborough County (Unincorporated Areas), City of Plant City. At Mud Lake Road +125 Sweetwater Creek Approximately 500 feet upstream of Hanley Road +10 Hillsborough County (Unincorporated Areas). Approximately 65 feet upstream of Orange Grove Drive +43 Sweetwater Creek Channel H At the confluence with Sweetwater Creek +18 Hillsborough County (Unincorporated Areas). Approximately 75 feet downstream of Waters Avenue +30 Tadpole Creek At the confluence with Bullfrog Creek +24 Hillsborough County (Unincorporated Areas). Approximately 70 feet upstream of U.S. Highway 301 +42 Tampa Bay Areas within MacDill Air Force Base +9 Hillsborough County (Unincorporated Areas), City of Tampa. Tampa Bypass Canal At Gate S-160 +11 Hillsborough County (Unincorporated Areas). At the confluence of Cow House Creek +35 Tampa Bypass Canal Main Ditch At the confluence with Tampa Bypass Canal +15 Hillsborough County (Unincorporated Areas). Approximately 1.5 miles upstream of Eureka Springs Road +18 Tampa Bypass Canal Tributary 1 At the confluence with Tampa Bypass Canal +11 Hillsborough County (Unincorporated Areas). Approximately 40 feet downstream of Lakewood Drive +34 Tampa Bypass Canal Tributary 1 South Branch At the confluence with Tampa Bypass Canal Tributary 1 +15 Hillsborough County (Unincorporated Areas). Approximately 300 feet upstream of the confluence with Tampa Bypass Canal Tributary 1 +16 Tampa Bypass Canal Tributary 2 Approximately 200 feet upstream of the confluence with Tampa Bypass Canal +10 Hillsborough County (Unincorporated Areas). Approximately 20 feet upstream of railroad +22 Tiger Creek At the confluence with Blackwatch Creek +83 Hillsborough County (Unincorporated Areas). On the upstream side of Half Mile Road +100 Trout Creek At the confluence with Hillsborough River +35 Hillsborough County (Unincorporated Areas), City of Tampa. At the Hillsborough County boundary +49 Tucker Rhodine Approximately 0.3 mile from the confluence with Bullfrog Creek +22 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Bullfrog Creek +39 Two Hole Branch At the confluence with Hillsborough River +37 Hillsborough County (Unincorporated Areas). Approximately 1.5 miles upstream of Bruton Road +93 Two Hole Branch Tributary 1 At the confluence with Two Hole Branch +69 Hillsborough County (Unincorporated Areas). Approximately 2.6 miles upstream of Bob Smith Avenue +97 Wildcat Creek Approximately 1.7 miles upstream of the confluence with Little Manatee River +9 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Stephens Road +15 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Plant City Maps are available for inspection at the Plant City City Hall, 302 West Reynolds Street, Plant City, Florida. City of Tampa Maps are available for inspection at the City of Tampa Construction Services Center, 1400 North Boulevard, Tampa, Florida. City of Temple Terrace Maps are available for inspection at the City of Temple Terrace Engineering Department, 11210 North 53rd Street, Temple Terrace, Florida. Unincorporated Areas of Hillsborough County Maps are available for inspection at the Hillsborough County Department of Planning and Growth Management, 5701 East Hillsborough Avenue, Suite 1140, Tampa, Florida. Lee County, Florida and Incorporated Areas Docket No.: FEMA-D-7680 Bayshore Creek Approximately 600 feet downstream of Jamestown Circle +7 Lee County (Unincorporated Areas). At Nalle Grade Road +23 Bedman Creek/Dog Canal Approximately 700 feet downstream of Palm Beach Boulevard +8 Lee County (Unincorporated Areas). Approximately 2.6 miles upstream of Weir S-D-2 +26 Billy Creek At upstream side of Veronica Shoemaker Boulevard +8 Lee County (Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile upstream of Oritz Circle +17 Caloosahatchee River At intersection of Cohn Road and Marsh Cove Lane +8 Lee County (Unincorporated Areas), City of Cape Coral, City of Fort Myers. Approximately 0.4 mile south of intersection of Tarpon Estates Boulevard and Tarpon Estates Court +11 Carrell Canal Approximately 900 feet upstream of confluence with Caloosahatchee River +7 City of Fort Myers. Approximately 375 feet upstream of Evans Avenue +13 Chapel Branch Creek Approximately 600 feet downstream of Samville Road +7 Lee County (Unincorporated Areas). Approximately 650 feet upstream of Rich Road +20 Charlotte Harbor At intersection of Kismet Parkway and Burnt Stove Road +6 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.7 mile west from Old Burnt Stove Road and 48th Terrace intersection (follow Yucca Creek) +10 Cypress Creek Approximately 800 feet downstream of North River Road +8 Lee County (Unincorporated Areas). Approximately 3.0 miles upstream of North River Road +18 Daughtrey Creek Approximately 0.4 mile downstream of Bayshore Road +7 Lee County (Unincorporated Areas). Approximately 0.9 mile upstream of Nalle Grade Road +24 East Branch Daughtrey Creek At downstream side of Bayshore Road +7 Lee County (Unincorporated Areas). At Nalle Grade Road +23 East Branch Yellow Fever Creek Approximately 0.2 mile downstream of Pine Island Road +7 Lee County (Unincorporated Areas), City of Cape Coral. At upstream side of U.S. 41 Culvert +18 Estero Bay Approximately 0.3 mile west of intersection of Baybridge Boulevard and Bridge Run Court +11 Lee County (Unincorporated Areas), City of Bonita Springs, Town of Fort Myers Beach. Approximately 0.5 mile west of intersection of Redfish Street and Spring Creek Drive +15 Estero River Approximately 0.4 mile downstream of South Tamiami Trail +11 Lee County (Unincorporated Areas). Approximately 0.4 mile upstream of I-75 +21 Fichter Creek Approximately 1,000 feet upstream of the confluence with Caloosahatchee River +7 Lee County (Unincorporated Areas). Approximately 50 feet upstream of Fichters Creek Lane +15 Ford Street Canal At upstream side of Gallee Way +9 City of Fort Myers. Approximately 200 feet downstream of Hanson Street +18 Gulf of Mexico Approximately 1,000 feet west of the Pelican Pass and Charlotte Harbor Mouth (Cayo Costa Island) +8 Lee County (Unincorporated Areas), City of Bonita Springs, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet west of intersection of Estero Boulevard and Hickory Boulevard +20 Halfway Creek Approximately 0.6 mile downstream of U.S. Route 41 +11 Lee County (Unincorporated Areas). Approximately 100 feet upstream of Railroad +16 Halls Creek Approximately 500 feet upstream of North River Road +7 Lee County (Unincorporated Areas). Approximately 0.6 mile upstream of North River Road +13 Hancock Creek Approximately 100 feet upstream of Barrett Road +7 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 100 feet upstream of Diplomat Parkway +11 Hickey Creek Approximately 1,000 feet upstream of Palm Beach Boulevard +8 Lee County (Unincorporated Areas). At the confluence of Hickey Creek Drainageway +10 Hickey Creek (upstream of Hickey Creek Drainageway) At confluence of Hickey Creek +10 Lee County (Unincorporated Areas). Approximately 800 feet upstream of confluence of Hickey Creek +10 Hickey Creek Drainageway At the confluence with Hickey Creek +10 Lee County (Unincorporated Areas). Approximately 1.1 miles upstream of 17th Street +22 Kickapoo Creek At upstream side of Bayshore Road +8 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Old Bayshore Road +8 L-3 Canal At the confluence with L Canal +8 Lee County (Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile upstream of Fowler Street +14 Leitner Creek Approximately 800 feet upstream of Terry Street +12 City of Bonita Springs. Approximately 0.3 mile upstream of I-75 +14 Manuels Branch At upstream side of McGregor Boulevard +7 City of Fort Myers. Approximately 975 feet upstream of Evans Avenue +12 Marsh Point Creek At upstream side of Bayshore Road +7 Lee County (Unincorporated Areas). At Payne Lane +14 Matlacha Pass Approximately 0.5 mile east of intersection of Game Bird Lane and Ficus Tree Lane +6 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.7 mile east of intersection of Tropical Point Drive and Cove Street +11 Mullock Creek Approximately 300 feet downstream of Constitution Circle +10 Lee County (Unincorporated Areas). At Oriole Road +15 Mullock Creek Tributary Approximately 0.2 mile downstream of South Tamiami Trail +11 Lee County (Unincorporated Areas). Approximately 150 feet upstream of South Tamiami Trail +13 North Colonial Waterway At the confluence with Ten Mile Canal +17 City of Fort Myers. Approximately 400 feet upstream of Milan Drive +17 Oak Creek At Imperial Street +11 City of Bonita Springs. Approximately 1,000 feet upstream of Imperial Street +11 Orange River Approximately 2.5 miles upstream of Palm Beach Boulevard +8 Lee County (Unincorporated Areas). Approximately 2.5 miles upstream of Buckingham Road +17 Owl Creek Approximately 1,000 feet downstream of North River Road +7 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Shirley Lane +20 Palm Creek At downstream side of Bayshore Road +7 Lee County (Unincorporated Areas). Approximately 50 feet downstream of Sharon Drive +22 Pine Island Sound Approximately 500 feet west of intersection of State Route 767 and Helen Road +6 Lee County (Unincorporated Areas), City of Sanibel. At intersection of Seair Lane and Sol Vista Drive on Captiva Island +12 Popash Creek Approximately 0.3 mile upstream of Bayshore Road +7 Lee County (Unincorporated Areas). At County boundary +25 Powell Bypass At Weir Valencia +12 Lee County (Unincorporated Areas). Approximately 2.0 miles upstream of Mellow Drive +20 Powell Creek Approximately 0.3 mile upstream of Brooks Road +7 Lee County (Unincorporated Areas). At Weir Valencia +12 Powell Creek Tributary No. 1 At confluence with Powell Creek +7 Lee County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Powell Creek +10 San Carlos Bay At intersection of Sanibel Boulevard and Bay View Avenue +7 Lee County (Unincorporated Areas), City of Cape Coral, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet south of intersection of Punta Rassa Road and McGregor Boulevard +20 Six Mile Cypress Slough At confluence with Ten Mile Canal +13 Lee County (Unincorporated Areas), City of Fort Myers. At State Route 82 +22 South Branch At confluence with Estero River +13 Lee County (Unincorporated Areas). At upstream side of I-75 +17 Spanish Canal At confluence with Spanish Creek +13 Lee County (Unincorporated Areas). Approximately 0.8 mile upstream of confluence with Spanish Creek +18 Spanish Creek Approximately 900 feet upstream of confluence with Caloosahatchee River +8 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Persimmon Ridge Road +19 Spring Creek Approximately 500 feet downstream of Railroad +11 City of Bonita Springs. Approximately 0.4 mile upstream of Railroad +13 Stricklin Gully At confluence with Trout Creek/Curry Lake Canal +13 Lee County (Unincorporated Areas). Approximately 1.4 miles upstream of confluence with Trout Creek/Curry Lake Canal +18 Stroud Creek Approximately 100 feet upstream of Bayshore Road +7 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of St. Paul Road +23 Telegraph Creek Approximately 1,000 feet upstream of confluence with Caloosahatchee River +8 Lee County (Unincorporated Areas). Approximately 1.5 miles upstream of Telegraph Creek Lane +18 Ten Mile Canal Approximately 1,500 feet downstream of Briarcliff Road +11 Lee County (Unincorporated Areas), City of Fort Myers. At Hanson Street +17 Trout Creek/Curry Lake Canal At downstream side of North River Road +8 Lee County (Unincorporated Areas). At County boundary +23 Winkler Canal Approximately 700 feet upstream of the confluence with Caloosahatchee River +7 City of Fort Myers. Approximately 125 feet upstream of Evans Avenue +14 Yellow Fever Creek Approximately 1,000 feet downstream of Pine Island Road +7 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.5 mile upstream of Littleton Road +11 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Bonita Springs Maps are available for inspection at the City of Bonita Springs Administration Office, 9101 Bonita Beach Road, Bonita Springs, Florida. City of Cape Coral Maps are available for inspection at the City of Cape Coral Community Development Department, 1015 Cultural Park Boulevard, Cape Coral, Florida. City of Fort Myers Maps are available for inspection at the City of Fort Myers Community Development Department, 1825 Hendry Street, Suite 101, Fort Myers, Florida. Town of Fort Myers Beach Maps are available for inspection at the Town of Fort Myers Beach Council Chambers, 2523 Estero Boulevard, Fort Myers Beach, Florida. City of Sanibel Maps are available for inspection at the Sanibel City Hall, Planning Department, 800 Dunlop Road, Sanibel, Florida. Unincorporated Areas of Lee County Maps are available for inspection at the Lee County Community Development Department, 1500 Monroe Street, 2nd Floor, Fort Myers, Florida. Source of flooding and location Range of elevations in feet

(NAVD)FLORIDA Marion County (FEMA Docket No. D-7668) City of Belleview Unnamed Ponding Areas +65-+108 Maps available for inspection at the Belleview City Hall, Public Works Department, 5343 Southeast Abshier Boulevard, Belleview, Florida. City of Dunnellon Unnamed Ponding Areas +32-+69 Maps available for inspection at the Dunnellon City Hall, 20750 River Drive Dunnellon, Florida. Marion County (Unincorporated Areas) Unnamed Ponding Areas ( *primarily,* but not exclusively located west of Interstate 75) +6-+200 Maps available for inspection at the Marion County Transportation Department, 412 Southeast 25th Avenue, Ocala, Florida. For more information, please contact the Marion County Stormwater Division at

(352)671-8686. Town of McIntosh Orange Lake +61 Maps available for inspection at the McIntosh Town Hall, 5975 Avenue G, McIntosh, Florida. City of Ocala Unnamed Ponding Areas +48-+133 Maps available for inspection at the City of Ocala Engineering Department, 405 Southewast Osceola Avenue, Ocala, Florida. Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Erie County, Ohio, and Incorporated Areas Docket No.: FEMA-B-7735 Boos Ditch Approximately 400 feet from mouth +577 Unincorporated Areas of Erie County. Mouth at Lake Erie +577 Hahn Creek Mouth at Lake Erie +577 City of Huron. Downstream of Cleveland Road +577 Huron River Mouth at Lake Erie +577 City of Huron. Approximately 3,700 feet upstream of Norfolk Southern Corporation Railroad +577 Lake Erie Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 City of Huron. Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 Lake Erie Entire Lake Erie coastline from the western City of Sandusky corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 City of Sandusky. Lake Erie Entire Lake Erie coastline from the western Village of Kelleys Island corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +578 Village of Kelleys Island. Lake Erie Entire Lake Erie coastline within Erie County. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 Unincorporated Areas of Erie County. Entire Lake Erie coastline within Erie County. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +577 Mudbrook Creek Mouth at Huron River +577 City of Huron. Downstream of Mudbrook Road +577 Plum Creek Downstream of US6 Highway +577 Unincorporated Areas of Erie County. Mouth at Lake Erie +577 Sawmill Creek Approximately 1,900 feet upstream from mouth +577 Unincorporated Areas of Erie County. Mouth at Lake Erie +577 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Huron Maps are available for inspection at Huron Township Station, 1820 Bogart Road, Huron, OH 48839. City of Sandusky Maps are available for inspection at 222 Meigs Street, Sandusky, OH 44870. Unincorporated Areas of Erie County Maps are available for inspection at 2900 Columbus Avenue, Sandusky, OH 44870. Village of Bay View Maps are available for inspection at 304 East Bay View Drive, Sandusky, OH 44870. Village of Berlin Heights Maps are available for inspection at 8 West Main Street, Berlin Heights, OH 44814. Village of Castalia Maps are available for inspection at 126 Main Street, Castalia, OH 44824. Village of Kelleys Island Maps are available for inspection at Municipal Building of Kelleys Island, 121 Addison Street, Kelley Island, OH 43438. Village of Milan Maps are available for inspection at 11 South Main Street, PO Box 1450, Milan, OH 44846. Monroe County, New York (All Jurisdictions) Docket No.: FEMA-B-7742 and FEMA-D-7828 East Branch Larkin Creek At Northbridge Road +380 Town of Greece. Approximately 1,440 feet upstream of St. Andrews Dam +456 East Branch Red Creek At confluence with Middle Branch Red Creek +523 Town of Henrietta. Approximately 2,400 feet upstream of Erie Station Road +572 East Branch Round Pond Creek Reach 1 Approximately 50 feet downstream of Ridgeway Avenue on 249-NY +472 Town of Greece. Approximately 690 feet upstream of Indigo Creek Drive +515 East Branch Shipbuilders Creek At railroad +328 Town of Webster. Approximately 1,800 feet upstream of Dirt Track +430 East Branch Tributary Red Creek At confluence with East Branch Red Creek +530 Town of Henrietta. Approximately 150 feet upstream of East Henrietta Road +574 East Stem Middle Branch Red Creek At confluence with Middle Branch Red Creek and West Stem Middle Branch Red Creek +524 Town of Henrietta. Approximately 150 feet upstream of centerline of Erie Station Road +578 Irondequoit Creek Reach 1 Approximately 387 feet downstream of Linden Avenue +357 Village of East Rochester. Approximately 1,600 feet upstream of Ontario Street +380 Larkin Creek At approximately 20 feet upstream of Lake Ontario State Parkway +255 Town of Greece, Town of Ogden. Approximately 430 feet upstream of Black Forest Drive in Town of Ogden +464 Middle Branch Red Creek At confluence with Red Creek and East Branch Red Creek +523 Town of Henrietta. At confluence with East and West Stem Middle Branch Red Creek +524 Northrup Creek At Flynn Road +249 Town of Greece, Town of Ogden, Town of Parma, Village of Spencerport. Approximately 612 feet upstream of Wood Duck Run +593 Red Creek At confluence with New York State Barge Canal +514 Town of Henrietta, City of Rochester, Town of Brighton. At confluence with Middle and East Branch Red Creek +523 Round Pond Creek Reach 1 At Island Cottage Road +257 Town of Greece. Approximately 4,400 feet downstream of Flood Control Dam +461 South Stem East Branch Tributary Red Creek At confluence with East Branch Tributary Red Creek +553 Town of Henrietta. Approximately 42 feet upstream of East Henrietta Road +582 West Branch Red Creek At confluence with Red Creek +518 City of Rochester, Town of Brighton. At Bridge to Park Dump +519 West Stem Middle Branch Red Creek At confluence with Middle Branch Red Creek and East Stem Middle Branch Red Creek +524 Town of Henrietta. Approximately 270 feet upstream of Erie Station Road +563 + North American Vertical Datum. * National Geodetic Vertical Datum. # Depth in feet above ground. ADDRESSES City of Rochester Maps are available for inspection at Rochester City Hall, 30 Church Street, Rochester, New York. Town of Brighton Maps are available for inspection at Brighton Town Hall, 2300 Elmwood Avenue, Rochester, New York. Town of Greece Maps are available for inspection at Town of Greece Department of Public Works, 697 Long Pond Road, Rochester, New York. Town of Henrietta Maps are available for inspection at Henrietta Town Hall, 475 Calkins Road, Henrietta, New York. Town of Ogden Maps are available for inspection at Ogden Town Hall, 269 Ogden Center Road, Spencerport, New York. Town of Parma Maps are available for inspection at Parma Town Hall, 1300 Hilton-Parma Corners Road, Hilton, New York. Town of Perinton Maps are available for inspection at Perinton Town Hall, 1350 Turk Hill Road, Fairport, New York. Town of Webster Maps are available for inspection at Webster Town Hall, 1000 Ridge Road, Webster, New York. Village of East Rochester Maps are available for inspection at East Rochester Village Hall, 120 West Commercial Street, East Rochester, New York. Village of Spencerport Maps are available for inspection at Spencerport Village Building Department, 269 Ogden Center Road, Spencerport, New York. Rutland County, Vermont (All Jurisdictions) Docket No.: FEMA-B-7746 Clarendon River Approximately 1,700 feet upstream of confluence with Otter Creek +487 Town of Rutland. At the confluence with Otter Creek +487 Curtis Brook At the confluence with East Creek +663 Town of Rutland. Approximately 500 feet upstream of confluence with East Creek +667 East Creek At the confluence with Otter Creek +532 City of Rutland, Town of Rutland. Approximately 1.07 miles upstream of East Pittsford Road +752 Homer Stone Brook At the confluence with Otter Creek +630 Town of Wallingford. Approximately 75 feet upstream of confluence with Otter Creek +632 Lake St. Catherine (Little Lake) Entire shoreline within the Town of Poultney +486 Town of Poultney. Moon Brook At the downstream side of Granger Street +533 City of Rutland. Approximately 2,964 feet upstream of Sharon Drive +699 Otter Creek At upstream side of Center Rutland Dam +515 Town of Clarendon, City of Rutland, Town of Danby, Town of Rutland, Town of Wallingford. Approximately 1.09 miles upstream of confluence of Homer Stone Brook +642 Roaring Brook At the confluence with Otter Creek +567 Town of Wallingford. Approximately 165 feet upstream of confluence with Otter Creek +571 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Rutland Maps are available for inspection at Rutland City Clerk's Office, 1 Strongs Avenue, Rutland, Vermont. Town of Clarendon Maps are available for inspection at Clarendon Town Hall, 279 Middle Road, North Clarendon, Vermont. Town of Danby Maps are available for inspection at Danby Town Hall, 130 Brook Road, Danby, Vermont. Town of Poultney Maps are available for inspection at Poultney Town Clerk's Office, 9 Main Street, Poultney, Vermont. Town of Rutland Maps are available for inspection at Rutland Town Clerk's Office, 181 Business Route 4, Center Rutland, Vermont. Town of Wallingford Maps are available for inspection at Wallingford Town Clerk's Office, 75 School Street, Wallingford, Vermont. Carroll County, Virginia, and Incorporated Areas Docket Nos.: FEMA-B-7742 & D-7828 Chestnut Creek Approximately 2450 feet downstream of Cliffview Road +2298 Unincorporated Areas of Carroll County. Approximately 7500 feet upstream of Cliffview Road +2332 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. ADDRESSES Unincorporated Areas of Carroll County Maps are available for inspection at Building Officials Office, 605-1 Pine Street, Hillsville, VA 24343. City of Galax, Virginia Docket Nos.: FEMA-B-7742 & D-7828 Chestnut Creek Just upstream of Cliffview Road +2308 City of Galax. Approximately 7500 feet upstream of Cliffview Road +2332 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. ADDRESSES City of Galax Maps are available for inspection at Galax Municipal Building, 111 East Grayson Street, Galax, VA 24333. Grayson County, Virginia, and Incorporated Areas Docket Nos.: FEMA-B-7742 & D-7828 Chestnut Creek Near Sewage Treatment Plant, just upstream of County Boundary +2332 Unincorporated Areas of Grayson County. Near Sewage Treatment Plant, approximately 375 feet downstream of old Railroad Bridge +2335 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. ADDRESSES Unincorporated Areas of Grayson County Maps are available for inspection at County Administrator's Office, 129 Davis Street, Independence, VA 24348. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 17, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6911 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 071017599-8435-02] RIN 0648-AW16 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2008 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: This final rule implements the Georges Bank

(GB)Cod Hook Sector (Hook Sector) Fishing Year

(FY)2008 Operations Plan and Agreement, approved by the Administrator, Northeast Region, NMFS (Regional Administrator), and modifies the eligibility criteria for membership for the Hook Sector and the GB Cod Fixed Gear Sector (Fixed Gear Sector). Amendment 13 to the Northeast

(NE)Multispecies Fishery Management Plan

(FMP)(Amendment 13) authorized allocation of up to 20 percent of the annual GB cod total allowable catch

(TAC)to the Hook Sector. Pursuant to that authorization, the Sector submitted an Operations Plan and Sector Contract entitled, “Georges Bank Cod Hook Sector Fishing Year 2008-2009 Operations Plan and Agreement” (together referred to as the Sector Agreement) and an Environmental Assessment (EA), and requested an allocation of GB cod, consistent with the FMP. This action results in authorization of the Sector Operations Plan during the 2008 fishing year and allocation of 658 mt of GB cod to the Sector. This rule also modifies the eligibility criteria for membership in both the Hook Sector and the Fixed Gear Sector by allowing vessels without GB cod landings history to join a sector. DATES: Effective May 1, 2008. ADDRESSES: Copies of the Sector Agreement, EA and the Final Regulatory Flexibility Analysis

(FRFA)are available from the Northeast Regional Office: Patricia A. Kurkul, Regional Administrator, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930. The EA and FRFA are also accessible via the Internet at *http://www.noaa.gov/nero/regs/com.html* . FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, phone

(978)281-9347, fax

(978)281-9135, e-mail *Thomas.Warren@noaa.gov* . SUPPLEMENTARY INFORMATION: A proposed rule soliciting public comment on the Sector Agreement for the Hook Sector was published in the **Federal Register** on March 3, 2008 (73 FR 11376), with public comment accepted through March 18, 2008. The Regional Administrator approved the FY 2008 Sector Operations Plan, based on public comment, and based on a determination that the Operations Plan and Agreement are consistent with the goals of the FMP and applicable law and is in compliance with the regulations governing the development and operation of a sector as specified under § 648.87. Details pertaining to the principal regulations applying to the Hook Sector, the process of review and approval of sectors, and facts regarding the Sector's submission of the FY 2008 Sector Agreement are contained in the proposed rule. An EA entitled “Approval of the Georges Bank Cod Hook Sector Operations Plan Fishing Year 2008”, which analyzes the impacts of the proposed Hook Sector operations, was also prepared. The Hook Sector was authorized to fish in FYs 2004, 2005, 2006, and 2007, and, based upon the GB cod landings history of its members, was allocated 12.60, 11.70, 10.03, and 8.02 percent, respectively, of the annual GB cod TAC. The 2008 Sector Agreement contains the same elements as the FY 2007 Sector Agreement. The Sector Agreement will be overseen by a board of directors and a Sector Manager. The Sector's GB cod TAC is based upon the number of Sector members and their qualifying historic landings of GB cod. The GB cod TAC is a “hard” TAC, meaning that, once the TAC is caught, Sector vessels may not fish under a NE multispecies Day-at-Sea (DAS), possess or land GB cod or other regulated species managed under the FMP (regulated species), or use gear capable of catching groundfish (unless fishing under charter/party or recreational regulations). Should the hard TAC be exceeded, the Sector's allocation will be reduced by the overharvest in the following year. The FY 2008 Sector Agreement contains exemptions from the following restrictions of the FMP: The GB and Gulf of Maine

(GOM)cod trip limit; the GOM, GB and Southern New England

(SNE)limit on the number of hooks fished; the GB Seasonal Closure Area; the DAS Leasing Program vessel size restrictions; differential DAS in the Gulf of Maine Differential DAS Area and in the SNE Differential DAS Area (those portions of the differential areas which overlap the Hook Sector Area); and the Western U.S./Canada Area 72-hr observer program notification. Justification for the proposed exemptions and analysis of the potential impacts of the Operations Plan are contained in the EA. A total of nineteen Hook Sector members signed the 2008 Hook Sector Contract. The GB cod TAC calculation is based upon the historic cod landings of the participating Hook Sector vessels, regardless of gear used. The allocation percentage is calculated by dividing the sum of total landings of GB cod landed by prospective Hook Sector members in FY 1996 through 2001, by the sum of the total accumulated landings of GB cod landed by all NE multispecies vessels for the same time period. Based upon the 19 qualifying landings histories of the Hook Sector members, the Hook Sector's share of the overall U.S. portion of the GB cod TAC is 658 mt (6.44 percent), or 1,450,566 lb (6.44 percent times the fishery-wide GB cod target TAC of 10,222 mt). Note, the proposed rule contained a calculation error that has been corrected in this final rule. Specifically, the proposed rule GB cod TAC of 614 mt was incorrect because it was based upon an incorrect percentage share of 6.01 percent, however the correct percentage share is 6.44 percent, which results in a correct TAC of 658 mt. The Sector Agreement contains procedures for the enforcement of the Hook Sector rules and a schedule of penalties, and provides the authority to the Hook Sector Manager to issue stop fishing orders to members of the Hook Sector. Participating vessels will be required to land fish only in designated landing ports and would be required to provide the Sector Manager with a copy of the Vessel Trip Report

(VTR)within 48 hr of offloading. Dealers purchasing fish from participating vessels will be required to provide the Hook Sector Manager with a copy of the dealer report on a weekly basis. On a monthly basis, the Hook Sector Manager will transmit to NMFS a copy of the VTRs and the aggregate catch information from these reports. After 90 percent of the Hook Sector's allocation has been harvested, the Hook Sector Manager will be required to provide NMFS with aggregate reports on a weekly basis. A total of 1/12 of the Hook Sector's GB cod TAC, minus a reserve, will be allocated to each month of the fishing year. GB cod quota that is not landed during a given month will be rolled over into the following month. Once the aggregate monthly quota of GB cod is reached, for the remainder of the month, participating vessels may not fish under a NE multispecies DAS, possess or land GB cod or other regulated species, or use gear capable of catching regulated NE multispecies. Once the annual TAC of GB cod is reached, Hook Sector members may not fish under a NE multispecies DAS, possess or land GB cod or other regulated species, or use gear capable of catching regulated NE multispecies for the rest of the fishing year. The harvest rules will not preclude vessels from fishing under the charter/party or recreational regulations, provided the vessel fishes under the applicable charter/party and recreational rules on separate trips. For each fishing trip, participating vessels will be required to fish under the NE multispecies DAS program to account for any incidental groundfish species that they may catch while fishing for GB cod. In addition, participating vessels will be required to call the Hook Sector Manager prior to leaving port. All legal-sized cod caught would be retained and landed and counted against the Hook Sector's aggregate allocation. Participating vessels will not be allowed to fish with or have on board gear other than jigs, non-automated demersal longline, or handgear. NE multispecies DAS used by participating vessels while conducting fishery research under an Exempted Fishing Permit during the FY 2008 would be deducted from that Hook Sector member's individual DAS allocation. Similarly, all GB cod landed by a participating vessel while conducting research would count toward the Hook Sector's allocation of GB cod TAC. Participating vessels will be exempt from the GB Seasonal Closure Area during May. A Letter of Authorization will be issued to each member of the Hook Sector exempting them, conditional upon their compliance with the Sector Agreement, from the GOM and GB cod possession restrictions, the GB Seasonal Closure Area, the Western U.S./Canada Area 72-hr observer notification requirement, the DAS Leasing Program vessel size restrictions, differential DAS, and the limits on the number of hooks requirements as specified in §§ 648.86(b)(1) and (2); 648.81(g); 648.85(a)(3)(ii)(C); 648.82(k)(4)(ix); 648.82 (e)(2); 648.80(a)(3)(v) and (a)(4)(v); and 648.80(b)(2)(v), respectively. If the effective date of the approval of the Hook Sector is past May 1, 2008, the Hook Sector would be allowed to fish under common pool rules until the Hook Sector is approved, as authorized by § 648.87(b)(1)(xii). Based on the authority granted to the Secretary of Commerce under Section 305(d) (16 U.S.C. 1855(d)) of the Magnuson-Stevens Act, this final rule also modifies the regulations that define eligibility criteria for membership in the Hook Sector and the Fixed Gear Sector, in order to be consistent with the original Council intent. The eligibility criteria for membership in the Hook Sector and Fixed Gear Sector were implemented by Amendment 13 and Framework Adjustment 42 (69 FR 22906, April 27, 2004; and 71 FR 62156, October 23, 2006, respectively). Of the several eligibility criteria for both these sectors in the implementing regulations, a criterion requiring documented landings of GB cod was not explicitly included as a criterion in the Council documents that proposed formation of the sectors. The implications of this eligibility criterion (requiring landings history of GB cod) were not apparent at the time of implementation, but became apparent during the evaluation of sector Operations Plans for FY 2008. Because the proposed roster for the Fixed Gear Sector for 2008 contains vessels that did not land GB cod during the period 1996 to 2001, the current regulations would prevent such vessels without landings from joining a sector. During the formation of the Hook Sector and Fixed Gear Sector, it was assumed that only vessels with GB cod landings would be interested in joining the sector, and therefore the landings criterion was not perceived as exclusionary. However, NMFS evaluated the pertinent information regarding the development of this regulation and concluded that this eligibility criterion does not reflect Council intent. Based on this evaluation, NMFS is correcting the current regulations by eliminating the eligibility requirement (for landings) because it precludes vessels without GB cod landings history from joining either sector, and is more restrictive than Council intent. Comments and Responses One pertinent comment was received from a representative of the Hook Sector on the proposed rule. *Comment:* The commenter expressed strong support for approval of the Hook Sector Operations Plan and the modification to the eligibility criteria for the Hook Sector and the Fixed Gear Sector. *Response:* NMFS is approving the Hook Sector for FY 2008 and modifying the eligibility criteria. Classification NMFS has determined that this final rule is consistent with the FMP, the Magnuson-Stevens Act, and other applicable laws. This final rule has been determined to be not significant for the purposes of Executive Order (E.O.) 12866. This final rule does not contain policies with federalism or “takings” implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. The Assistant Administrator for Fisheries finds that the need to implement these measures in a timely manner in order to allow the Hook Sector to fish at the start of the fishing year, constitutes good cause under authority contained in 5 U.S.C. 553(d)(3), to establish an effective date less than 30 days after the date of publication. Because this final rule authorizes the Hook Sector to fish under the Hook Sector's Operations Plan, members of the Hook Sector may not fish under the Hook Sector rules until the final rule is effective. If the effective date is delayed past May 1, 2008, the members would be precluded from fishing under Operations Plan rules, which provide relief from various restrictions of the Fishery Management Plan, and enable more efficient fishing practices. A delay would likely result in economic harm to the sector members by not allowing them to fish during a very productive time of the fishing year. Under an approved Operations Plan, with an effective date of May 1, 2008, the Hook Sector would be afforded exemptions from a seasonal closure on Georges Bank, the differential Day-at-Sea

(DAS)requirement, the restriction on number of hooks, cod possession limits, the observer notification requirement for the Western U.S./Canada Area, and the DAS Leasing Program size restriction. The approval would coincide with the beginning of the Fishing Year, May 1, which is one of the most productive months for the fishery. If the effective date of the approved Operations Plan is delayed, Hook Sector members would be fishing under the more restrictive"common pool” regulations until the approval. The GB seasonal closure and the cod trip limits are two such regulations that would preclude or severely constrain their fishing operations. The GB seasonal closure, which includes the area traditionally fished by the Hook Sector, would prevent the Hook Sector members from fishing on easily accessible fishing grounds. Due to the current high cost of fuel, and the relatively small size of vessels in the Hook Sector, it is not likely that vessels would travel a long distance to fish in open areas, and there would be no revenue earned. Even if vessels chose to travel to open fishing areas, they would be subject to relatively low cod trip limits, and the other restrictions which would result in low economic returns. The need to establish an effective date less than 30 days after the date of publication results from the objective of allowing vessels to fish in the Hook Sector as of May 1, 2008, the beginning of the fishing year, and the timing of the rulemaking process. The time period under which these regulations were developed was short due to the complexity and length of the process governing the Operations Plans approval. Due to the limited time available to develop this rulemaking, there was insufficient time remaining to allow for the full 30-day delay in effectiveness. Therefore, for the reason above, the AA finds good cause to waive the 30-day delay in effectiveness and to make these regulations effective on May 1, 2008. Because the Hook Sector will be fishing under a hard TAC for GB cod, effort controls (i.e., the exemptions) are not necessary to constrain the impact of the Sector on the GB cod stock. Should the Sector's allocated GB cod TAC be caught, participating vessels would no longer be allowed to fish under a NE multispecies DAS, possess or land GB cod or other regulated species managed under the FMP, or use gear capable of catching groundfish (unless fishing under recreational or charter/party regulations). Sector members will be required to fish under their current NE multispecies DAS allocation to account for any other regulated NE multispecies that they may catch while fishing for GB cod and are restricted to using hook gear only. A FRFA was prepared as required by section 603 of the Regulatory Flexibility Act (RFA). A summary of the IRFA was published in the proposed rule for this action and is not repeated here. A description of the action, why it is being considered, and the legal basis for this action are contained in the preamble to the proposed rule and in the EA prepared for this action, and is not repeated here. Summary of the Issues Raised by Public Comments in Response to the IRFA. A Summary of the Assessment of the Agency of Such Issues, and a Statement of Any Changes Made From the Proposed Rule as a Result of Such Comments No public comments pertaining to the IRFA or the economic effects of this action were received. In this final rule, a minor increase was made to the size of the GB cod TAC in order to correct a calculation error in the proposed rule, which will result in the potential for additional revenue for the Hook Sector. Description of and Estimate of the Number of Small Entities to Which the Proposed Rule Would Apply The Small Business Administration

(SBA)size standard for small commercial fishing entities is $ 4 million in annual gross sales. All permitted and participating vessels in the groundfish fishery, including prospective Hook Sector members, are considered to be small entities because gross sales by any one entity (vessel) do not exceed this threshold, and, therefore there is no disproportionate impact between large and small entities. The number of prospective participants in the Hook Sector is 19 (or less), substantially less than the total number of active vessels in the groundfish fishery. These 19 vessels will be subject to the regulatory exemptions and operational restrictions approved for the Hook Sector for FY 2008. Description of Steps the Agency Has Taken to Minimize the Economic Impact on Small Enitites Consistent With the Stated Objectives of Applicable Statutes Approval of the FY 2008 Sector Agreement results in an allocation of 658 mt of GB cod to the Hook Sector, and minimization of economic impacts on the Hook Sector. Once the GB cod TAC is harvested, participating vessels would not be allowed to fish under a NE multispecies DAS, possess or land GB cod, or other regulated species managed under the FMP, or use gear capable of catching groundfish (unless fishing under recreational or party/charter regulations). Hook Sector vessels may only fish with jigs, non-automated demersel longline, or handgear. Under the Sector Agreement, members will be exempt from several restrictions of the FMP described in the preamble to the proposed and final rule and in the EA. This action will positively impact the members of the Hook Sector's 19 vessels that have voluntarily joined the Hook Sector, who are relatively dependendant upon groundfish revenue compared to other participants in the groundfish fishery. The approval of the Hook Sector and allocation of GB cod TAC will indirectly benefit the communities of Chatham and Harwichport, MA, and to a lesser extent other Cape Cod communities involved in the groundfish fishery. During FY 2006, members of the Hook Sector made 359 fishing trips, landed 179,616 lb (81,472 kg) of cod and 258,544 lb (117,274 kg) of haddock, and generated approximately $ 269,424, and $ 310,253 in revenue from those species, respectively (assuming a dock-side price of $ 1.50 and $1.20 per lb, respectively). Hook Sector members also landed various other species, which contributed additionally to their revenue. In general, the operation of the Hook Sector would continue to mitigate the negative economic impacts that result from the current suite of regulations that apply to the groundfish fishery (most recently Framework Adjustment 42; October 23, 2006; 71 FR 62156). The Hook Sector, by fishing under rules that are designed to meet their needs (as well as the conservation requirements of the FMP), is afforded a larger degree of flexibility and efficiency, which will result in economic gains. For example, Hook Sector members are able to plan their fishing activity and income in advance with more certainty due to the fact that there is a cod TAC, which is apportioned to each month of the year. They are able to maximize their efficiency (revenue per trip) due to the exemption from trip limits and hook numbers. For some vessel owners in the Hook Sector, participation in the Hook Sector enables their businesses to remain economically viable. For the above reasons, approval of the FY 2008 Sector Agreement minimizes the impact on small entities. In contrast, under the No Action alternative, all Sector members would have remained in the common pool of vessels and fished under all the rules implemented by Amendment 13 and subsequent Framework Adjustments. Under the regulatory scenario of the No Action alternative, relative to the preferred alternative, Sector members would likely have faced increased economic uncertainty, loss of efficiency, and loss of revenue. Because cod usually represents a high proportion of total fishing income for hook gear vessels, revenues for Sector members are sensitive to regulations that impact how and when they can fish for cod, such as trip limits and hook gear restrictions. Sector members would have been unnecessarily impacted by regulations designed to affect the catch of species of which hook gear catches very little (e.g., yellowtail flounder, because hook gear is more selective than other gear types). For example, under the No Action alternative, Sector members would have been affected by the differential DAS counting requirement, one of the objectives of which is to protect yellowtail flounder. No other alternatives beyond the No Action were considered during the development of this action. The RFA requires each IRFA to include a description of significant alternatives that accomplish the objectives of applicable statues (in this case, sector provisions) and minimize any significant economic impact to small entities. The objectives of sector management, as originally developed and implemented under Amendment 13, are to provide opportunities for like-minded vessel operators to govern themselves so that they can operate in a more effective and efficient manner. The Hook Sector developed the Sector Agreement after consultation with prospective members. Prospective members then signed a binding sector contract to abide by the measures specified in the Sector Agreement. As described above, the approved Sector Agreement minimizes economic impacts to participating vessels by allowing them to operate more efficiently. Accordingly, the approved Sector Agreement reflects the management measures preferred by vessels participating in the GB Cod Hook Sector during FY 2008 and represents all of the significant alternatives that accomplish the objectives of sector provisions and minimize economic impacts to small entities, as required by the RFA. Therefore, in conjunction with the NEPA requirement to consider a reasonable range of alternatives, no other alternatives were considered prior to approval of this action. Modification of the eligibility criteria for the Hook Sector and the Fixed Gear Sector will allow vessels without a history of landing GB cod the opportunity to participate in a sector and to therefore take advantage of the associated sector efficiencies and financial benefits. Although, the number of vessels that this modification will impact is likely very small, this change in the eligibility requirement minimizes economic impacts on such vessels by allowing the opportunity to fish in the Hook Sector that would not otherwise be possible. Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Action This final rule contains no collection-of-information requirement subject to the Paperwork Reduction Act (PRA). List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: March 28, 2008. James W. Balsiger, Acting Assistant Administrator For Fisheries, National Marine Fisheries Service/ For the reasons stated in the preamble, 50 CFR part 648 is proposed to be amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 648.87, paragraphs (d)(1)(ii) and (d)(2)(i) are revised to read as follows: § 648.87 Sector allocation.

(d)* * *

(1)* * *

(ii)*Eligibility.* All vessels issued a valid limited access NE multispecies DAS permit are eligible to participate in the GB Cod Hook Sector.

(2)* * *

(i)*Eligibility.* All vessels issued a valid limited access NE multispecies DAS permit are eligible to participate in the GB Cod Fixed Gear Sector. [FR Doc. E8-6953 Filed 4-2-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673-8011-02] RIN 0648-XG86 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act

(AFA)trawl catcher processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season allowance of the 2008 Pacific cod total allowable catch

(TAC)specified for AFA trawl catcher processors in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 1, 2008, though 1200 hrs, A.l.t., June 10, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The B season allowance of the 2008 Pacific cod TAC allocated to AFA trawl catcher processors in the BSAI is 877 metric tons

(mt)as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the B season allowance of the 2008 Pacific cod TAC allocated to AFA catcher processors in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt, and is setting aside the remaining 877 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by AFA trawl catcher processors in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by AFA trawl catcher processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 27, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: March 28, 2008. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08-1089 Filed 3-31-08; 3:59 pm]

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